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---Delay of about one hour and thirty minutes in lodging the FIR---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 deceased was fired at 09:30 a.m. whereas the matter was reported to the police at 11:00 a.m.---Distance between the spot and the police station was about 5/6 kilometres---Prosecution failed to explain as to how that abnormal delay in reporting the matter occasioned---None of the two witnesses, i.e., the complainant and eye-witness, were the witnesses of identification before the police at the time of preparation of the inquest report and also during the post-mortem before the doctor in the hospital---Had the witnesses been present then they would have surely identified the deceased at both the said places, but in fact they were procured and after consultation and deliberations the accused with the other accused were charged after preliminary investigation---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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