MUDASAR SHAH vs State Ss — 2021 YLR 2194 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 2194 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: MUDASAR SHAH vs State 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

MUDASAR SHAH VS State Ss. 302(b), 324, 34, 109 & 212---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, abetment, harbouring offender---Appreciation of evidence---Benefit of doubt---Weapon of offence recovered on the pointation of the accused---Reliance---Scope---Accused were charged for committing murder of sister of the complainant and also injuring his brother---Record showed that a pistol was recovered on the pointation of accused, however, it was important to be noted that said pistol had been shown lying beneath a stone at a place near an irrigation channel---Said recovery was shown to have been witnessed by the witnesses mentioned there, among whom Police Inspector had been produced in court, who stated in his cross-examination that marginal witnesses to the recovery memo were relatives of the complainant-party---Even otherwise, when the prosecution had failed to prove the case against the accused beyond reasonable doubt then the corroboratory evidence produced in the case could be of no help to the prosecution---Circumstances established that the prosecution had not been able to prove its case against the accused beyond reasonable doubt---Appeal against conviction was allowed, in circumstances.

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