MUHAMMAD KARIM vs State Ss — 2022 MLD 1097 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 MLD 1097 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: MLD
Parties: MUHAMMAD KARIM vs State Ss
Subject matter: Criminal

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

MUHAMMAD KARIM VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Mode and manner of the arrest of the accused was doubtful---Scope---Accused was charged that he along with his co-accused made firing, due to which brother of the complainant was hit and died---Knowing the fact that accused had killed the deceased, the accused was still roaming around the concerned Police Station, that too, the weapon of offence in possession---Such was hard to believe that right from the time of occurrence the accused was waiting the local police to arrest him, despite having the opportunity to escape---Overall situation portrayed, left no room to doubt that the accused was not arrested at the stated time and in the given manner---Circumstances established that the prosecution did not succeed in bringing home guilt against the accused---Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court, in circumstances. Head Notes

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