HANIFULLAH alias PENTAR vs HABIB UR REHMAN Ss — 2021 YLR 899 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 899 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: HANIFULLAH alias PENTAR vs HABIB UR REHMAN 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

HANIFULLAH alias PENTAR VS HABIB UR REHMAN Ss. 302(b), 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Motive not proved---Effect---Prosecution case was that the accused party made firing upon the complainant party, due to which two persons died including the son of complainant---Motive advanced was stated to be an altercation between the parties few days prior to the occurrence,but neither the complainant could produce an independent witness in that regard nor the Investigating Officer took the pains to collect any evidence in that respect---Complainant could not explain as to when, where and how the altercation took place and with which of the accused---Complainant was examined on that particular aspect of the case, he stated that three of the accused out of the appellants had altercated with the deceased---Joining hands of five real brothers to do away with the deceased that too for an altercation did not appeal to a prudent mind---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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