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GHULAM JAN vs State Ss — 2022 YLR 1547 PESHAWAR-HIGH-COURT

Case information

Citation
2022 YLR 1547 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
YLR
Parties
GHULAM JAN 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

GHULAM JAN VS State Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Site plan---Scope---Allegation against the accused was that he made firing upon complainant and his cousin, due to which, the cousin of complainant died while complainant escaped unhurt---Record revealed that, it was yet to know, as to whether the site plan was prepared on the night of incident or on the following day---Record showed that it was suggested to the Investigating Officer that he visited the spot in the morning on the following day, to which he denied---Complainant stated that it was on his pointation on the night of incident that the site plan was prepared---Investigating Officer again visited the spot at 7:00 a.m. in the morning, but he failed to convince the purpose of his visit when he had already completed the proceedings in the night of incident---Fact that the site plan was not prepared during the night of incident, but early in the morning seemed to be confirmed---Complainant, when denied his second visit, it could safely be held that the site plan was not prepared on the pointation of the complainant, which in turn excluded his presence on the spot---Circumstances established that the prosecution could not succeed in bringing home guilt against the accused---Appeal against conviction was allowed, in circumstances. Head NotesCase Description

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