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IKRAMULLAH vs State S — 2022 YLR 1450 PESHAWAR-HIGH-COURT

Case information

Citation
2022 YLR 1450 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
YLR
Parties
IKRAMULLAH vs State S
Subject matter
Criminal
Provisions referred to
S. 302

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

IKRAMULLAH VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Non-availability of justification for the presence of complainant at the spot---Scope---Accused was charged for committing murder of the brother of complainant by firing---Presence of the complainant on the spot was yet a mystery as the scribe, who stated that the dead-body was brought by 7/8 co-villagers, did not say a word regarding presence of the complainant with the deceased---Presence of the complainant was further doubted that despite alleged presence in the Police Station, he did not identify the dead-body of the deceased at the time of preparation of inquest report and so before the doctor at the time of post-mortem examination, rather two other persons identified the dead-body before the police and the doctor---Had complainant been present in the Police Station whe0n the police was preparing the inquest report, he would have been figured in the column of identification---Another intriguing aspect of the case was that the complainant stated that after making report he left for home on his motorcycle, whereas nowhere on record he was shown in possession of a motorcycle, it was in a pick up in which he along with others allegedly brought the dead-body of his brother to the Police Station---Statement of the complainant in that respect told nothing but that he was present in his house and that it was after receiving information from Police Station regarding the incident he rushed to the Police Station and thereafter the report was made---Circumstances established that the prosecution had failed to prove its case against accused---Appeal against conviction was allowed, in circumstances. Head NotesCase Description

Other judgments reported in 2022 YLR

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