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RIAZ vs State Ss — 2022 PCrLJ 1070 PESHAWAR-HIGH-COURT

Case information

Citation
2022 PCrLJ 1070 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
PCRLJ
Parties
RIAZ vs State 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

RIAZ VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Medical evidence---Scope---Accused were charged for committing murder of the son of complainant by firing---Medical evidence revealed that the deceased had sustained 03 entry wounds; one on his right eyebrow while the remaining two inlet wounds were found on middle of the right ear which could further be clarified from the pictorial annexed with the post-mortem report---Medical Officer, though had not mentioned the dimension of the entry wounds, however, when both the accused were allegedly armed with Kalashnikovs and they made firing at the deceased, it could safely be held from the recoil of the weapons and the distance between the accused and deceased that it was a one man job and one weapon had been used in the commission of the offence---Locale of the said injuries and direction of the inlet and exit wounds also suggested that it was the doing of one person which could be clarified from post-mortem report and pictorial appended with it---Exaggeration of the charge by complainant and false implication of innocent persons in the case could not be ruled out, in the circumstances---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances. Head NotesCase Description

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