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---Unnatural conduct of eye-witnesses---Scope---Accused were charged for committing murder of the brother of the complainant---Deceased was real brother and father of the eye-witnesses; albeit, the pronounced aspect of the case was that neither, they had lifted the dead body of the deceased from the spot; nor, could they name those persons who attracted to the spot after the occurrence and lifted the dead body of the deceased to the police station---Held, it was not appealable to a prudent mind being against the natural human conduct---Both the eye-witnesses in their respective statements had stated that no firing was made upon them and only deceased was fired at---When both the accused were duly armed with Kalashnikovs, then why they had not fired at the eye-witnesses, knowing well that they would become witnesses of the occurrence and would depose against them during the trial---On mere direct charge of the accused by the eye-witnesses without strong corroboration of their testimony, conviction of the appellant would be against the principles of administration of justice---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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