The STATE through Advocate General Khyber Pakhtunkhwa, Peshawar vs ARIF MOMEN Ss — 2022 MLD 617 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 MLD 617 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: MLD
Parties: The STATE through Advocate General Khyber Pakhtunkhwa, Peshawar vs ARIF MOMEN 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

The STATE through Advocate General Khyber Pakhtunkhwa, Peshawar VS ARIF MOMEN Ss.302 & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Motive not proved---Effect---Accused was charged for making firing upon the complainant party, due to which maternal uncle of complainant was hit and died---In the present case, the motive for the offence was stated to be previous blood feud between the parties---Record showed that the complainant admitted in his court statement that the deceased had no ill will with the accused, rather it was the complainant who was at daggers drawn---No other option was left but to hold that it was the complainant who wanted to grind his axe by charging the accused---Investigating Officer could not collect anything on record in support of the motive---Circumstances established that the prosecution failed to establish the charges against the accused through cogent, coherent and confidence inspiring evidence---Appeal against acquittal was dismissed, in circumstances. Head Notes

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