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---Night time occurrence---Source of light---Scope---Accused were charged for committing murder of the brother of the complainant---Motive behind the occurrence was that 18/19 years back, sister of the accused had eloped with the deceased---In the present case, the complainant/brother and son of the deceased had charged the accused persons for the murder of the deceased by firing at him with their respective Kalashnikovs---Both the said witnesses in their respective statements had stated that they identified the accused in the light of electric bulb---Distance from the place of bulb and that of complainant or accused had not been mentioned therein, from which it could be ascertained that a person from such a distance could be identified or not---Moreover, said witnesses did not utter a single word that where the bulb was lit at the time of occurrence---Investigating Officer prepared the site plan at the instance of eye-witnesses, wherein the bulb had been shown to be affixed on the wall of the house of another person and was allegedly lit at the time of occurrence---Said witness had not been produced before the court in order to establish that at the time of occurrence, it was lit or otherwise---Circumstances established that the prosecution had 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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