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---Presence of eye-witness at the spot doubtful---Scope---Accused was charged for committing murder of his own brother by firing---Statement recorded by the eye-witness showed that she had woke up at 02:30 a.m. but exactly the same time had been shown as the time of occurrence in Murasila---Eye-witness admitted in her cross-examination that after washing her face and hands she had taken the sehri which would have obviously consumed some time then how it was possible for her to accompany her father at 02:30 a.m. for the purpose of taking water for him to washroom---No doubt, photographic narrations of the occurrence from a witness could not be expected more particularly when he/she recorded statement after two years of the occurrence, however, the events and time mentioned by the eye-witness in her statement did not coincide with the contents of Murasila vis-à-vis the time of occurrence, hence her presence on the spot with her father at the time of firing was doubtful, therefore, her statement could not be relied upon for maintaining conviction of the accused---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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