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ZAFAR SAEED alias ZAFAR KHAN vs State S — 2021 YLRN 63 PESHAWAR-HIGH-COURT

Case information

Citation
2021 YLRN 63 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Parties
ZAFAR SAEED alias ZAFAR KHAN vs State S
Subject matter
Criminal
Provisions referred to
S. 302

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

ZAFAR SAEED alias ZAFAR KHAN VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Motive not proved--- Scope--- Accused was charged for committing murder of the brother of the complainant by firing---Motive alleged by the complainant was dispute over women folk---Record showed that the complainant did not specify that who out of his brothers was connected with---Later on when the complainant stated that the motive was against his other brother---Investigating Officer did not collect any information in that respect nor the statement of any independent person was recorded and when he was questioned in that respect he conceded that nothing was brought on record in black and white in that respect---If the statement of the complainant to the extent of motive was taken to be correct then why the deceased was selected and why the complainant was left scot free where the accused could have easily killed both the brothers and that too when they were at his mercy being empty handed---Prosecution had failed to prove the motive---Appeal against conviction was allowed, in circumstances.

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