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

Case information

Citation
2021 YLRN 106 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Parties
FAZAL DAYAN 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

FAZAL DAYAN VS State Ss. 302(b), 109 & 34---Qanun-e-Shahadat (10 of 1984), Art. 46---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Benefit of doubt---Motive not proved---Scope---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 succumbed to the injuries---Record showed that the motive advanced for commission of offence had not been satisfactorily proved by the prosecution, as there was nothing on record which could show that accused had ever made any demand of extortion from deceased nor any report in that regard had been made by deceased or his friend in any Police Station against accused, which could support the motive advanced by the prosecution---Circumstances established that the prosecution had not proved its case beyond reasonable doubt against the accused---Appeal against conviction was allowed, in circumstances.

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