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ALI NAWAZ vs State Ss — 2022 YLR 1793 PESHAWAR-HIGH-COURT

Case information

Citation
2022 YLR 1793 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
YLR
Parties
ALI NAWAZ 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

ALI NAWAZ VS State Ss.302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Unnatural conduct of complainant and eye-witness---Scope---Accused was charged for committing murder of the brother of the complainant by firing---Motive was stated to be an early altercation between the parties in football ground---If it was admitted what the complainant stated to be correct, then the question arose as to what prompted the accused to fire at the deceased and not the complainant, while fully armed and that why the accused ran the risk to transport the accused to the place situated in front of his house---Inter-se distance between the assailants and the complainant party had been shown as less than seven (7) feet, but neither the complainant nor the eye-witness made any efforts to rescue their brother from the firing made by the accused and why the accused did not kill the complainant and the eye-witness, as it was in the statement of the complainant that a few days back an altercation took place between them and the accused---Conduct displayed by the complainant was unnatural on one hand, whereas on the other, he was struggling hard to establish his presence on the spot---Circumstances established that the prosecution had failed to prove its case against the accused beyond any reasonable doubt---Appeal against conviction was allowed, in circumstances. Head NotesCase Description

Other judgments reported in 2022 YLR

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