FAZAL DAYAN vs State Ss — 2021 YLRN 106 PESHAWAR-HIGH-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

FAZAL DAYAN VS State Ss. 302(b), 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Benefit of doubt---Night time occurrence---No source of light---Effect---Prosecution case was that the accused made firing at a transgender, as a result of which, he sustained injuries and he was shifted to hospital, where in injured condition, he reported the matter to police, later on he died---Contents of murasila depicted that occurrence had taken place at 11.00 pm, but no source of light had been disclosed by deceased then injured in his report---Record was silent as to how he identified the accused in a pitch dark, where source of light was not available---Admittedly, no source of light had been mentioned by deceased then injured in his report---Said fact was duly affirmed by Police Official/ASI, who incorporated the report of deceased then injured into murasila--- Circumstances established that the prosecution had not proved its case against the accused beyond reasonable doubt---Appeal against conviction was allowed, in circumstances.

FAZAL DAYAN vs State Ss — 2021 YLRN 106 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported