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---Qanun-e-Shahadat (10 of 1984), Art. 46---Qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Dying declaration---Scope---Accused were charged for committing murder of the complainant then injured and his son by firing---Dying declaration of deceased was not free from foreign interference as his step brother/eyewitness was present around him at the time when such statement was being given---Testimony of the said witness had been disbelieved thus, in such like situation interference on behalf of said witness in the statement of his brother, who was returning to his Creator to make an exaggerated account of the occurrence, could not be ruled out---Medical Officer who had examined the declarant had found his condition very serious whereafter referred him for further treatment to other hospital---Endorsement of the Medical Officer appearing at the corner of the FIR and the referral chit, it would appear that the deceased at the time of his death could not be in a position to narrate about the occurrence in detail as had been narrated in the FIR---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

Other judgments reported in 2022 MLD

2022 MLD 1664 QUETTA-HIGH-COURT-BALOCHISTANSUI SOUTHERN GAS COMPANY LTD., REGIONAL OFFICE VS MUHAMMAD RAHIM When a law requires anything to be done in a particular manner, it should b…
2022 MLD 584 LAHORE-HIGH-COURT-LAHOREABDULLAH KHAN VS State R.6---Report of result of test or analysis---Mandatory provision---Scope---Rule 6 of Control of Narcotic Substances (…
2022 MLD 563 QUETTA-HIGH-COURT-BALOCHISTANSyed GULISTAN VS GULAB KHAN Evidence beyond pleadings---Scope---Where the party has not alleged any ground in pleadings, subsequent evidence…
2022 MLD 1612 PESHAWAR-HIGH-COURTSULEMAN VS State Benefit of doubt---Principle---If a single circumstance created reasonable doubt in a prudent mind about the apprehension o…
2022 MLD 663 LAHORE-HIGH-COURT-LAHOREIMTIAZ AHMAD VS State Witness---Statement of injured witness, reliance upon---Scope---Injuries on the person of a witness may established hi…
2022 MLD 1195 LAHORE-HIGH-COURT-LAHORELIAQAT ALI VS DISTRICT COLLECTOR, GUJRAT S.3---Intra court Appeal before High Court----Scope---Original Order---Scope---Application before H…

Back to the case-law library · Search Pakistani case law in Urdu or English