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WAKIL KHAN vs State Ss — 2021 YLRN 62 PESHAWAR-HIGH-COURT

Case information

Citation
2021 YLRN 62 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Parties
WAKIL KHAN 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

WAKIL KHAN VS State Ss. 302(b) & 34---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, common intention---Appreciation of evidence--- Withholding material evidence---Effect---Accused was charged that he and co-accused made firing upon the complainant, who was hit and injured, on the following day injured succumbed to the injuries---In the present case, the Investigating Officer stated that when he reached to the place of incident the motorcar was left abandoned; and that nobody was present in the surroundings---Investigating Officer further stated that he took all measures to trace out the owner of the motorcar and the person who was driving the motorcar at the time of incident and towards the end he succeeded to locate the owner of the motorcar and that he disclosed the name of the driver, who was driving the motorcar when the deceased received firearm injuries---Investigating Officer did not try to record the statement of the owner as well as driver of the motorcar and he did not mention his name in the calendar of witnesses--- Investigating Officer displayed an abnormal conduct despite the fact that he knew that it was the driver who could tell the truth but he did not take the pains to investigate the case on that lines---Driver was not examined and even he was not associated with the investigation of the case---Had he been examined he would have been the best evidence to dig out the truth, but the Investigating Officer kept mum for reasons best known to him---Prosecution was to produce the best available evidence and when disinterested evidence was not produced then the inference was always drawn against the prosecution that had he been produced he would have not supported the case of the prosecution---Article 129(g) of the Qanun-e-Shahadat, 1984, catered for the situation---Circumstances established that the prosecution had failed to prove its case against the accused---Appeal against conviction was allowed, in circumstances.

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