NOOR ZAMAN vs State S — 2021 YLR 1711 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 1711 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: NOOR ZAMAN vs State S
Subject matter: Criminal
Provisions referred to: S. 302

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

NOOR ZAMAN VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Motive was not proved---Effect---Prosecution case was that the accused made firing upon the complainant and her husband, due to which husband of complainant died while complainant was injured---Motive was stated to be a dispute over thoroughfare, but admittedly the complainant and her husband were not the residents of the village where the unfortunate incident occurred---Complainant and her husband had migrated from there and were temporarily residing in some other place---Accused was the permanent resident of the village where occurrence took place---Investigating Officer did not probe into the matter and he did not record the statement of any independent witness to confirm the dispute---Owner of the house where complainant and her husband were residing was examined as witness, but he did not utter a single word in that regard---Circumstances established that the prosecution had failed to prove its case against accused---Appeal against conviction was allowed, in circumstances.

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