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---Contradictions and improvements in the statements of witnesses---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---Complainant stated in his report that the occurrence was also witnessed by the first cousins of the deceased---Witness/cousin of deceased stated that at the time of occurrence, he along with other witness was digging the soil and they saw the accused while firing at the deceased---Distance between the deceased and that witness stated to be 93/96 paces which came out to be some 260 feet and in such a long distance that was humanly impossible to recognize/ identify a person with a weapon in his hand---Neither the Investigating Officer collected the instruments which they used for digging the soil nor the dug earth was shown in the site-plan---Presence of said witnesses at the time of occurrence was not established on record, but being closely related they were later-on procured to charge the accused for commission of the offence---Witnesses went in glaring contradictions and they suffered with dishonest improvements with the only purpose to bring their statement in line with the prosecution case---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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