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---Delay in recording the statements of witnesses---Scope---Accused was charged that he along with his 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---Record showed that one injured was discharged from the hospital whereas the other injured was discharged two days earlier---Despite the fact that injured were conscious at the time of their examination by the doctor and thereafter, but the Investigating Officer did not take the pains to record their statements---One of the injured stated that they were called by the Investigating Officer to the baithak of complainant, where the Investigating Officer was present and they were shown the statement of the complainant, the siteplan along with other documents and were directed to record their statement in line with that of the complainant---Such belated statements of the prosecution witnesses told nothing but they were prevailed upon by the complainant to support his charge against the accused---Statements of said witnesses had out-rightly been rejected---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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