MUKHTAJ vs EBN-E-AMIN Ss — 2022 MLD 384 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 MLD 384 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: MLD
Parties: MUKHTAJ vs EBN-E-AMIN 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

MUKHTAJ VS EBN-E-AMIN Ss.302(b), 148 & 149---Qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Recovery of crime empties from the spot---Reliance---Scope---Accused were charged for committing murder of the complainant then injured and his son by firing---There was no report of Forensic Science Laboratory that the 03 empties of 222 bore and 9 empties of 7.62 bore collected from the spot were fired from more than one weapons---In the present case, five persons, four of whom were brothers and one was nephew, were charged for the murder of two persons---Production of the Forensic Science Laboratory Report showing that the empties were fired from five weapons was must which material piece of evidence the prosecution had not produced and it appeared that the charge was exaggerated one, which lamentable trend was very common in the area---Circumstances established that the prosecution had not proved the case against the accused persons beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances. Head Notes

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