ZAIN-UD-DIN vs NOOR MUHAMMAD Ss — 2022 PCrLJN 26 PESHAWAR-HIGH-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

ZAIN-UD-DIN VS NOOR MUHAMMAD Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Non-availability of justification for the presence of witnesses at the spot---Scope---Accused were charged for committing murder of father of the complainant by firing---Record showed that eye-witness was serving in the police department as a constable during the days of occurrence, but he could not explain as to why he did not join his duty on the day of occurrence, even he failed to bring on record his absence from his duties---Witnesses introduced one "Q", who approached the deceased soon after the incident and it was he who arranged the cot and helped the witnesses in shifting the dead body of the deceased from the ground---Investigating Officer did not record his statement---Witnesses stated that they participated in shifting the dead body from ground to the cot but their hands and clothes were not besmeared with blood, which was an unnatural phenomenon---Had the witnesses been present at the place of incident and participated in shifting the dead body from the ground then their hands and clothes would have been besmeared with blood---Said particular aspect of the case put a question mark to the veracity of the witnesses---Circumstances established that the acquittal judgment was well reasoned, which called for no interference---Appeal was dismissed accordingly. Head Notes

ZAIN-UD-DIN vs NOOR MUHAMMAD Ss — 2022 PCrLJN 26 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported