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---Night-time occurrence---Source of light---Scope---Accused was charged for committing murder of his own brother by firing---Time of occurrence was 02:30 a.m. at midnight and according to prosecution, the eye-witness had identified the accused in the light of electric bulbs installed in the surrounding but the Investigating Officer neither took any bulb from any place around the place of occurrence nor he assigned any point to a single bulb in the site plan to support the said claim of the eye-witness, thus, the prosecution had failed to prove the source of light on or near the place of occurrence to corroborate the assertion of the alleged eye-witness regarding identification of the accused in the pitch dark, therefore, her testimony to that effect, being suspect evidence, was also not believable---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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