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---Circumstantial evidence--- Scope---Accused was charged for committing murder of his own brother by firing---No doubt, death of the deceased per medical evidence was the result of firearm injury on his head, however, the medical evidence by itself could not prove that the said firearm injury was caused to deceased by the present accused---Site plan showed that the eye-witness at Point falling between the deceased and accused---Accused had been shown near the southern wall of the washroom which was not visible from where eye-witness was present because of the intervening corner of the washroom between them---Investigating Officer had taken photographs of the place of occurrence but no photo was available on record to show all the points at the same time to confirm visibility of Point from assigned to the accused and eye-witness respectively in the site plan---Direction and locale of entry and exit wounds on the head of deceased were also not supported by site plan---Forensic Science Laboratory Report showed that the alleged crime weapon recovered on pointation of the accused was not matching with the two crime empties recovered from the spot---Different pieces of circumstantial evidence, being in conflict with each other, did not support the prosecution version---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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