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---Recovery of incriminating material---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---Record showed that the Investigating Officer visited the spot and on pointation of the complainant blood stained earth was recovered from respective places of both the deceased along with 56-empties of 7.62 bore---Investigating Officer stated that he initially visited the spot on 27.10.2016, and recovered blood stained earth but postponed further proceedings till next morning when on availability of complainant the site-plan was prepared, however, the complainant stated that on the night of occurrence he visited the spot in the company of the Investigating Officer, as it was pitch dark, so the spot could not be examined---Said variation between the two troubled the prosecution case, despite the fact that the Investigating Officer prepared the site-plan at the instance of the complainant but neither the cots were shown in the site-plan nor the musical instruments found mentioned, or the people gathered there at the night of incident---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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