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---Motive was not proved--- Scope--- Accused was charged for committing murder of the brother of the complainant by firing---Investigating Officer though investigated the matter from different angles, he did not take pains to collect any evidence in respect of the alleged motive---Investigating Officer visited the spot but he did not record the statements of any independent witness regarding the altercation between the parties, few days earlier to the incident---Complainant while reporting the matter stated that the altercation took place in the football ground, but he himself could not produce any witness who was present at the time of altercation in the ground---Such eventualities showed that the motive was an afterthought with attempt to connect the accused with the commission of offence---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

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