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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---Accused was charged for committing murder of the brother of the complainant by firing---Site plan depicted the places of the deceased, complainant, the eye-witness and the accused---Inter-se distances among the three had been shown as 11-feet and above---If the stance of the complainant was taken to be correct that they were engaged in gossip then all the three should have been in closer proximity rather than sitting 12-feet apart---Age of witness was given as 69/70 years close intimacy between the complainant, deceased and him was questionable---Accused was shown firing from a distance of 12-feet on the deceased and the deceased received five inlet wounds where two injuries were caused from the back, whereas one of the injury was having blackening around---If the statement of the witnesses was taken to be correct then how the two entry wounds were received from the back, when the assailant and deceased were facing each other and that how blackening could be caused from a distance of 12-feet but the prosecution failed to answer---Appeal against conviction was allowed, in circumstances.

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