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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---Preliminary investigation---Scope---Accused was charged for committing murder of the brother of the complainant by firing---Report was made to official witness by the complainant who also prepared the injury sheet and inquest report---Said witness when appeared before the court stated that he prepared the injury sheet, inquest report and thereafter dispatched the dead-body under the escort of one constable to RHC---Witness admitted that he did not mention the nature of injuries in the injury sheet, he further stated that he did not mention the FIR number and provision of law in the inquest report---If said witness, who scribed the report and prepared the injury sheet and inquest report then why the inquest report did not find mention of the provision of law and FIR number---Said fact indicated that initially the injury sheet and inquest report was prepared and when the complainant reached to the Police Station the report was recorded---Inquest report mentioned the nature of blood as fresh which further disputed the time of incident as it was after two hours of the occurrence the report was made so for long two hours, the blood could not remain fresh rather it clotted---Said deliberated attempt on part of the prosecution witnesses caused serious dents to the prosecution case and it also questioned the presence of the complainant at the time of occurrence with the deceased and that those were co-villagers, who brought the deadbody to the Police Station and later on, on receiving information regarding the occurrence and dispatched the dead-body to the Police Station the complainant along with others reached there, which indicated nothing but to hold that it was a case of preliminary investigation---Appeal against conviction was allowed, in circumstances.

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