ALLAH WASAYA vs State Ss — 2022 PCrLJ 616 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 PCrLJ 616 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: PCRLJ
Parties: ALLAH WASAYA vs State Ss
Subject matter: Criminal
Provisions referred to: S. 164---Q; Criminal Procedure Code (V of 1898)

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

ALLAH WASAYA VS State Ss. 302(b) & 34---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Confessional statement of accused---Scope---Accused were charged for committing murder of the brother of the complainant by firing---Accused had confessed his guilt before the Judicial Magistrate---While going through the statement of that witness, it was clear that accused was not medically examined before producing him before the Judicial Magistrate---Judicial Magistrate also admitted that he did not direct the medical examination of the accused nor did he examine his body---Needless to say that the Investigating Officer admitted in his cross-examination that after producing both the accused before the Judicial Magistrate, their handcuffs were removed on his direction and he was also sent out of the Court, meaning thereby that confession of one accused was recorded in the presence of other accused---Such fact created serious doubt on its voluntariness---Circumstances established that the prosecution failed to prove its case against the accused person beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances. Head NotesCase Description

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