BAD SHAH JAMIL vs MUHAMMAD JANBAZ KHAN Ss — 2021 YLR 1745 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 1745 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: BAD SHAH JAMIL vs MUHAMMAD JANBAZ KHAN 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

BAD SHAH JAMIL VS MUHAMMAD JANBAZ KHAN Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Motive was not proved---Scope---Accused was charged for committing murder of the cousin of complainant, whereas the co-accused made firing upon the complainant, but he escaped unhurt---Record showed that the alleged motive was that of family honour and the prosecution witnesses admitted of being from one family with a common motive then why only the deceased was targeted and rest of the witnesses, if present on the spot, were spared---Said fact gave no other inference but to hold that the witnesses were chance and interested witnesses---No efforts were made either by the Investigating Officer or the complainant to bring something concrete on record to connect the accused with the offence---No independent witness came forward to support and explain that what kind of dispute between the parties was, which led the accused to commit the murder of the deceased---Motive so alleged could not be believed because if all were connected then why only the deceased was done to death and rest of the witnesses were left unhurt---Motive had not been proved---Circumstances established that the prosecution had failed to prove its case against the accused---Appeal against conviction was allowed, in circumstances.

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