Malik SARFRAZ vs State Ss — 2022 PCrLJ 762 ISLAMABAD

Case information

Citation: 2022 PCrLJ 762 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: PCRLJ
Parties: Malik SARFRAZ 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

Malik SARFRAZ VS State Ss. 302(b), 337-a(ii) & 34---Qatl-i-amd, shajjah mudihah, common intention--- appreciation of evidence--- Benefit of doubt--- Medical evidence---Scope---accused was charged that he along with co-accused persons committed murder of the son of complainant and also caused injuries to his relative---Motive behind the occurrence was dispute over landed property---Complainant had alleged in the complaint that co-accused had hit the deceased with a club---However, during his cross-examination he had deposed otherwise and the assertion was also not supported by the post-mortem report because no such injury was indicated therein---Prosecution had failed to prove beyond a reasonable doubt that the injury on the forehead of injured described in the Medico-Legal Report was caused by the butt of a rifle---Testimony of Medico-Legal Officer did not support the version of the prosecution---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt---appeal against conviction was allowed, in circumstances.

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