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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---Motive was not proved---Effect---Accused were charged for committing murder of the son of complainant by firing---Complainant though had disclosed the motive as land dispute with the accused but except placing on file the revenue record, complainant had produced no evidence to that effect rather she admitted that no suit was pending regarding the alleged disputed property---Statement of complainant, mentioned that the accused had purchased the land adjacent to her land, however, she denied the suggestion of her annoyance over the said purchase by accused and their false implication in the case---When, in circumstances, the accused were purchasers of the land adjacent to the land of complainant, the motive was naturally attributable to complainant side and not to the accused to kill the deceased, rather their false implication by complainant in view of the said motive could not be ruled out---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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