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AKBAR KHAN vs State S — 2021 YLRN 123 PESHAWAR-HIGH-COURT

Case information

Citation
2021 YLRN 123 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Parties
AKBAR KHAN vs State S
Subject matter
Criminal
Provisions referred to
S. 302; S. 161

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

AKBAR KHAN VS State S. 302 (b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Recovery of weapon of offence and crime empties from the spot---Scope---Accused was charged for committing murder of his mother and her paramour due to existence of their illicit relations, he had himself lodged the FIR---Other pieces of evidence available against accused were recovery of shotgun, the empties recovered and its matching Forensic Science Laboratory Report---One of the marginal witnesses of recovery memo was examined as witness who had given a supporting narration in his examination-in-chief but in his cross-examination, he had stated that his thumb impression had been taken by the local police on a blank paper and his statement had never been recorded under S.161 Cr.P.C---Said witness had resiled from his statement given in his examination-in-chief, while the other witness had been abandoned---Recovery of weapon of offence could not be taken to have been proved merely on the basis of statement of Investigating Officer---Substantial doubt had, thus, been created in respect of recovery of weapon of offence on pointation of the accused---Appeal against conviction was allowed, in circumstances.

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