SADAM ULLAH vs State Ss — 2022 PCrLJN 123 PESHAWAR-HIGH-COURT

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SADAM ULLAH VS State Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Accused was charged for committing murder of the deceased then injured/complainant---Occurrence took place on 28th December 2014 at 09:00 p.m. and the report was lodged on the subsequent day at 11:00 a.m. by the deceased then injured which was considered as dying declaration, the last incriminating statement of the deceased---Story of the deceased then injured that he, after sustaining injuries, was lying on the river bank in the month of December till the next morning, which did not appeal to a prudent mind for the reasons that temperature went to minus in that part of the province---Only blood-stained shirt of the deceased was taken into possession by Investigating Officer and admittedly the deceased was not wearing any jacket or sweater or any other warm upper apparel---Survival of the deceased then injured till next morning, in circumstances, casted a doubt on the mode and manner of the occurrence and the prosecution version---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances. Head Notes

SADAM ULLAH vs State Ss — 2022 PCrLJN 123 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported