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MUHAMMAD NASEER vs State Ss — 2021 MLD 509 PESHAWAR-HIGH-COURT

Case information

Citation
2021 MLD 509 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Reporter
MLD
Parties
MUHAMMAD NASEER vs State Ss
Subject matter
Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD NASEER VS State Ss.302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Ocular and medical evidence---Conflict---Scope---Accused was charged that he and co-accused made firing upon complainant and his brother, who was hit and died whereas complainant escaped unhurt---Record showed that the ocular account was in conflict with the medical evidence---Deceased was facing the accused, the seat of injuries and the place of the deceased did not support the stance of the complainant as one injury was from front to back but the others were from left to right---Medical Officer had given the time between death and post-mortem as three/four hours which took the time of death earlier than the one noted---Dead body was identified by the relative and co-villagers, i.e. before the police and before the doctor at the time of post mortem examination---Had the complainant been present at the spot, he would have at least identified the deceased before the police as the Inquest report was already prepared on the spot---Said fact showed that it was a blind murder---Circumstances established that the prosecution had failed to prove its case against accused---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2021 MLD

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