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---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Withholding material witness---Effect---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 person who had arranged the musical show also got injured, who was medically examined and discharged from the hospital on the day of incident, when the doctor declared his injury as simple---Neither the Investigating Officer recorded his statement nor he was produced as a prosecution witness to confirm the stance of the complainant and was abandoned as won over---Said injured was the best witness to unearth the truth and his non production meant that he was not ready to support the false charge of the complainant---Article 129(g) of the Qanun-e-Shahadat, 1984 catered for the situation---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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