MUNTAZIR KHAN vs State Ss — 2022 PCrLJ 517 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 PCrLJ 517 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: PCRLJ
Parties: MUNTAZIR KHAN 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

MUNTAZIR KHAN VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Site plan---Scope---Accused were charged for committing murder of the brother of the complainant---In the site plan, the distance between the house of accused and the place of occurrence had been mentioned as 35 paces---Distance between the accused and eye-witnesses had been shown as 13/14 paces---No point had been allotted to the house of accused in the site plan, whereas the house of accused and that of the person where bulb was lit had been shown opposite to each other of the thoroughfare---Investigating Officer had not given distance between point, where the bulb was lit, and where the complainant and eye-witness had been shown respectively---Distance between points allotted to accused and witnesses respectively had been shown as 13/14 paces respectively, whereas the distance between the house of the accused and place of occurrence had been mentioned as 35 paces---When the same was added with the distance of complainant and accused i.e. 13/14 paces, that came 48/49 paces (140 feet)---From such a long distance recognition of accused was not possible---Complainant during cross-examination stated that the distance between the spot and that of his house might be 250/300 paces---Neither house of complainant nor such distance had been shown in the site plan by the Investigating Officer, which was prepared at his instance---Circumstances established that the prosecution failed to prove its case in the mode and manner as alleged---Appeal against conviction was allowed, in circumstances. Head NotesCase Description

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