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---Contradictions in the statements of witnesses---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---Admittedly, the report was made at 02:00 a.m. in the Police Station, whereas the dead-bodies along with the injured reached to the hospital at 03:15---Prosecution was yet to explain as to why it took 1-hour and 15-minutes to reach the hospital which lay in a close proximity and that how all the injured were examined by the doctor at 03:15 a.m.---Medical Officer stated that at the time when the injured were brought to the hospital, he was in his house and it was after the lapse of 15/20 minutes that he reached and examined the injuries of the injured to whom his paramedical staff had already provided the first aid---Witness stated that when he brought the injured to the hospital it was the doctor and none else, who examined and treated them---Said conflict between the two told nothing but that the real events were suppressed by the witnesses---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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