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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---Presence of witnesses at the spot was doubted---Scope---Accused was charged for committing murder of the brother of the complainant by firing---Complainant while reporting the matter to the police stated that after receiving the fire shot the deceased died on the spot, if so, why the dead-body was taken to the hospital, instead of Police Station, which fell in the way---Even otherwise the hospital had its own reporting centre where the Police officials were present round the clock with the only purpose to enter such cases---Doctor could not examine the dead-body when no report was made---No entry on record to suggest that in fact the deceased was taken to hospital and that he was examined by the doctor nor the doctor who allegedly examined the dead-body found mentioned on the record---Explanation tendered led to hold that the presence of the complainant on the spot and later on in the hospital had not been established---Investigating Officer stated that it was 01.40/01.45 p.m. that he reached to the spot and on pointation of the complainant and witness the recoveries were made and the site plan was prepared---Investigating Officer stated that he along with witnesses remained on the spot for two to three hours, whereas the dead-body was handed over to the legal heirs at 03.50 p.m. in the hospital and it was still a mystery to resolve that whether the legal heirs were present with the Investigating Officer as he stated or they were in the hospital to receive the dead-body---Said fact created dents in the prosecution case regarding the availability of the witnesses on the spot with the Investigating Officer---Prosecution had failed to bring home charges against the accused---Appeal against conviction was allowed, in circumstances.

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