State vs FAIZULLAH Ss — 2021 YLR 163 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 163 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: State vs FAIZULLAH 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

State VS FAIZULLAH Ss. 302, 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Appeal against acquittal---Non-recovery of crime empties from the spot---Effect---Prosecution case was that the accused persons, duly armed with Kalashnikovs, made indiscriminate firing at complainant party, as a result of which, son of complainant got hit and died---Allegedly, four persons made indiscriminate firing with Kalashnikovs, but not even a single empty was recovered from the spot---No explanation was furnished by the prosecution as to why empties were not recovered from the spot---No bullet marks were noted by the Investigating Officer in the surroundings of the spot---Said fact touched the very roots of the case and could not be brushed aside---Circumstances established that the prosecution had failed to prove the guilt of the accused beyond reasonable doubt---Appeal against acquittal was dismissed, in circumstances.

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