MUHEEB ULLAH vs State S — 2021 YLR 2033 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 2033 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: MUHEEB ULLAH 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

MUHEEB ULLAH VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Identification of accused---Scope---Accused was charged for committing murder of his own brother by firing---No doubt, the eye-witness was closely related to the accused and there was possibility of his identification by the eye-witness through his voice, however, there was no evidence on the record to prove that prior to the occurrence the accused had either talked to the deceased nor with the eye-witness, therefore, her claim with regard to identification of the accused in the mentioned circumstances did not inspire confidence---Prosecution evidence mentioned that the deceased had enmities and disputes with other people in the area---Keeping in view the time as well as mode and manner of the occurrence, identification of the accused by the eye-witness was doubtful---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of reasonable doubt---Appeal against conviction was allowed, in circumstances.

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