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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---Presence of eye-witnesses with the dead body was doubtful---Scope---Accused was charged for committing murder of the brother of the complainant by firing---Witnesses, were yet to explain as to who, out of the two i.e. complainant and eye-witness accompanied the dead body from the police station to the hospital and, as to who identified the dead body before scribe at the time the report was made and before the doctor at the time of post-mortem examination---Complainant when appeared before the Trial Court stated that he in the company of his brother after making the report came to their house and from their house they went to the spot for spot pointation on arrival of the Investigating Officer---Complainant further stated that initially the eye-witness was present at the time of spot pointation, and thereafter he went to the hospital after the dead body---Said portion of the statement could not be believed, as once the witnesses did not opt to accompany the dead body from the police station to the hospital then what urgency was there for the eye-witness to go to the hospital, that too, at a belated stage---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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