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MUJAHID vs State Ss — 2021 PCrLJ 1114 PESHAWAR-HIGH-COURT

Case information

Citation
2021 PCrLJ 1114 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Reporter
PCRLJ
Parties
MUJAHID vs State Ss
Subject matter
Criminal
Provisions referred to
S. 15---; S. 161; Khyber Pakhtunkhwa Arms Act (XXIII of 2013)

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

MUJAHID VS State Ss. 302(b) & 392---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15--- Qatl-i-amd, robbery, possessing unlicensed weapon---Appreciation of evidence---Benefit of doubt---Accused was charged for committing murder of the son of complainant and his companion by firing after robbery---Record showed that it was a case of no eye-witness because no one had come forward to furnish ocular account of the occurrence---As per Murasila, the dead bodies of deceased were lying at the bank of River in the fields of which were shifted by police witness/SI to hospital on 09.12.2014---On the same day, fathers of deceased, respectively, identified the dead bodies before the police---Site-plan totally negated the version of police witness/SI and contradicted the place of occurrence shown in the Murasila---In the site plan, prepared by the Investigating Officer on the pointation of police witness/SI, the crime scene had been shown in the courtyard of a Rest House situated near Indus River---Owner of said Rest House was an important witness to explain about visit of the deceased to his Rest House and events occurred on the day of occurrence, but he had neither been made as an accused nor examined by the Investigating Officer under S. 161, Cr.P.C., nor cited as a prosecution witness---Said circumstances created serious doubt about the place of occurrence---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2021 PCRLJ

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