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ALI REHMAN vs State Ss — 2021 YLRN 118 PESHAWAR-HIGH-COURT

Case information

Citation
2021 YLRN 118 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Parties
ALI REHMAN 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

ALI REHMAN VS State Ss. 302, 311, 109 & 34---Qatl-i-amd, tazir after waiver or compounding of right of qisas in qatl-i-amd, abetment, common intention---Appreciation of evidence---Benefit of doubt---Medical evidence---Scope---Accused was charged that he along with his co-accused committed murder of his sister and son of complainant on the pretext of honour---Post-mortem report prepared by Medical Officer showed that deceased sustained four entry wounds on his body i.e. one wound was of 01 cm in size, two wounds were of 0.5-1 cm and one wound was of 0.5 cm, whereas the dimension of the entry wounds on the body of female deceased had not been mentioned by Lady Medical Officer in her report---Wounds of different dimensions on the body of deceased suggested the use of different weapons which indicated involvement of several persons in the occurrence---Said aspect of the case was in direct conflict with the confession wherein the accused had attributed the role of firing only to himself---Record transpired that it was also strange that both the deceased had sustained eight entry wounds on their persons but only four crime empties had been recovered from the spot though the place of occurrence was a plain area without any plants or bushes to escape the sight of Investigating Officer from the remaining crime empties---Such fact was sufficient to create a reasonable doubt in a prudent mind regarding the mode and manner of the occurrence---Appeal against conviction was allowed, in circumstances.

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