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MUHAMMAD RAMZAN vs State Ss — 2021 PCrLJ 1362 PESHAWAR-HIGH-COURT

Case information

Citation
2021 PCrLJ 1362 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Reporter
PCRLJ
Parties
MUHAMMAD RAMZAN 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 RAMZAN VS State Ss. 302, 324, 109 & 34---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, common intention---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Withholding best evidence---Effect---Accused were charged for committing murder of the son of the complainant by firing---Prosecution was to explain as to why two most important witnesses were not examined, as they were the first, who rushed towards the deceased when he received the firearm injuries---Undisputedly, both the said witnesses were independent and were not related to the complainant---Importance of eye-witness could not be ignored as he was the witness whose presence was admitted by the complainant as an eye-witness---If a best available evidence was not produced an inference could be drawn that had he been produced he would have not supported the case of prosecution---Such situation was guided and controlled by Art. 129(g) of the Qanun-e-Shahadat, 1984---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against acquittal was dismissed, in circumstances.

Other judgments reported in 2021 PCRLJ

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