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MOHAMMAD SHAFIQ vs State S — 2022 MLD 218 PESHAWAR-HIGH-COURT

Case information

Citation
2022 MLD 218 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
MLD
Parties
MOHAMMAD SHAFIQ 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

MOHAMMAD SHAFIQ VS State S.302(b)---Qatl-i-amd---Appreciation of evidence---Unseen occurrence---Scope---Accused was charged for committing murder of his wife and her sister by firing---Naib Tehsildar while recording accused's statement as well as complainant had stated that on receipt of information, they had proceeded to the place of occurrence where accused had been tied by the local people with a tree whereafter he had been unfastened and taken in custody---None of the two witnesses had been eye-witnesses of the occurrence---Same was the case with other witness, who had also reached the spot after receipt of information of the occurrence when people had already tied accused with a tree---Said witness had not been an eye-witness of the occurrence also---Statement of another witness/Assistant Political Agent had been recorded but he had also narrated the proceedings conducted after arrest of the accused---No direct evidence regarding commission of the offence by the accused was available---Some people of village might have seen the occurrence but none of them had been produced in evidence---Deficiency of ocular evidence of the actual occurrence could not be supplied by the subsequent evidence of arrest of the accused---Circumstances established that the prosecution failed to prove its case against the accused beyond any reasonable doubt---Appeal against conviction was allowed, in circumstances. Head Notes

Other judgments reported in 2022 MLD

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