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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---Circumstantial 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---Site plan showed that the place of occurrence was a Hujra, which, as per prosecution version, was owned by father of the accused---Admittedly, Hujra in Pashtoon customs and culture was a place commonly used for guests and was seldom accessed by women folk---No evidence on record to show that the Hujra was the sole ownership of the present accused rather there was father and other brothers/acquitted co-accused who all shared the same building with the accused---Presence of the lady deceased with the male at such like place having no boundary wall pricked the mind and so was the question regarding the sole alleged nexus of the present accused with the occurrence, in circumstances---Recovery witness on the one hand admitted his visit to the spot only on 08.05.2017 but on the other hand he asserted to be eye-witness of recovery of crime weapon which was allegedly effected on 10.05.2017---Likewise said witness had stated to have returned to Police Station with Investigating Officer at 11.00 am or 12.00 noon but testified the pointation by accused, the photographs whereof were taken at Asar time---Recovery of crime weapon in view of the said statement of recovery witness, was not free from doubt---Various links of the circumstantial evidence in the present case were missing, therefore, the present accused and their co-accused could not be convicted on such unreliable circumstantial evidence---Appeal against conviction was allowed, in circumstances.

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