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 and site plan---Contradictions---Accused were charged for committing murder of the complainant then injured and his son by firing---Record showed that the dying declaration of the deceased had not been supported by site plan of the case---In the FIR, the deceased were hit by the fire shots when they were riding on motorbike and after hitting they fell down---According to the site plan, both the victims were hit---Keeping in view the serious conditions of both the victims, it was not possible for them to cover a distance of 17/18 paces and let assume that they were in a position to move and they did so, then there must have been some trail of blood from point where they were hit and fallen whereafter receiving firearm injuries they had reached which was not the present case---Site plan did not corroborate the facts as 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

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