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

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

JAVED ULLAH VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Medical evidence---Scope---Accused were charged that they made firing upon complainant and his son, due to which, son of complainant died---Medical evidence did not support the case of the prosecution as the ocular account and the medical evidence were in conflict with each other---Medical Officer, who examined the injured stated that the deceased received a single firearm injury on his right chest with its exit on the left side of lower abdomen---Site plan depicted that the accused were at points Nos.3 and 4, whereas the complainant and the deceased were occupying points Nos.1 and 2, facing one another, in that eventuality the deceased should have received the firearm entry wound on his chest with its exit on his back, but the situation told otherwise---Direction of the wound was from above to downwards which further negated the stance of the complainant---Said conflict between the two shook the very foundation of the prosecution case---Circumstances established that the prosecution could not succeed in bringing home guilt against the accused---Appeal against conviction was allowed, in circumstances.

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

Case information

Judgment text as reported