NAIK NAWAZ alias SHEKAR vs State Ss — 2021 YLR 872 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 872 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: NAIK NAWAZ alias SHEKAR 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

NAIK NAWAZ alias SHEKAR VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Unnatural conduct of complainant--- Scope--- Accused was charged that he and co-accused made firing upon the complainant party, due to which the nephew of complainant and another person were hit and died, whereas three persons sustained injuries---Complainant stated that soon after lodging the report he left the hospital, had complainant been present with the dead-body he would have definitely accompanied to the hospital---In the column of identification, name of two other persons/witnesses were mentioned as the identifiers---One of the said witness stated that he received information regarding the incident at his village and reached to the spot wherefrom he accompanied the dead-body to the Police Station---Incident occurred in the odd hours of the night, complainant went from his house to the place of occurrence all alone and the relatives and family members were not informed by the complainant then what brought the said witness to the place of incident along with brother of complainant---Cumulative effect of all that led to conclude that the incident went un-witnessed and on arrival of the deceased and injured to the Police Station the complainant along with the identifiers reached there---Circumstances established that the prosecution had failed to prove its case against the accused---Appeal against conviction was allowed, in circumstances.

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