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JAVED ULLAH vs State Ss — 2021 YLRN 132 PESHAWAR-HIGH-COURT

Case information

Citation
2021 YLRN 132 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Parties
JAVED ULLAH 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

JAVED ULLAH VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Delay of six days in sending the empties for analysis---Scope---Accused were charged that they made firing upon complainant and his son, due to which, son of complainant died---Record showed that the empties were collected from the spot and were received at the Forensic Science Laboratory after five days, but the Investigating Officer could not explain the delay caused---Neither the moharrir of the concerned Police Station was produced nor the Police Official who took the same to the office of the Chemical Examiner, what to say of collection of an abstract from the register No. 19, when such was the state of affairs, thus, the evidentiary value of that piece of evidence did not confirm and was as such excluded of consideration---Circumstances established that the prosecution could not succeed in bringing home guilt against the accused---Appeal against conviction was allowed, in circumstances.

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