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

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ZAFAR SAEED alias ZAFAR KHAN VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Contradictions in the statements of witnesses---Scope---Accused was charged for committing murder of the brother of the complainant by firing---Eye-witness stated that the accused appeared and started firing on the deceased and that in all 24 fire shots were made where 13/14 hit the walls of the baithak whereas six fire shots were stuck in the ground---Investigating Officer when appeared before the court did not utter a word in that respect and he admitted that neither he mentioned the bullet marks on the surrounding walls nor recovered spent bullets therefrom---Some photographs were placed on file, which were created by the Investigating Officer at the time of spot inspection and those photographs showed heap of gravel and sand on the places where the witnesses and the deceased were sitting---In presence of the debris it was not only hard but impossible to sit thereon---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

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

Case information

Judgment text as reported