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

Case information

Citation
2022 PCrLJN 26 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Parties
ZAIN-UD-DIN vs NOOR MUHAMMAD 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

ZAIN-UD-DIN VS NOOR MUHAMMAD Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Ocular account and medical evidence---Conflicts---Accused were charged for committing murder of father of the complainant by firing---Complainant stated that soon after receiving fire shots the deceased fell to the ground and died on the spot---Complainant further stated that the accused were at a distance of one pace from the deceased and that they were facing the deceased at the time of incident---Medical Officer, who conducted autopsy on the dead body of the deceased, opined that the deceased received six entry wounds on his back, whereas one on his front---If said statement was placed in juxtaposition with what the eye-witness stated then both the ocular account and medical evidence were in conflict with one another, as it was the complainant who stated that at the time of firing the deceased was facing the accused, had it been so then all the bullets should have landed on his chest with its exits on the back---Circumstances established that the acquittal judgment was well reasoned, which called for no interference---Appeal was dismissed accordingly. Head Notes

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