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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---Contradictions in the statements of eye-witnesses--- Scope--- Accused was charged for committing murder of the brother of the complainant by firing---If the statement of complainant was taken to be correct regarding the presence of the eye-witness at the time of spot pointation, then how his name found mentioned in the column of identification at the time of post-mortem examination---Statement of both the witnesses when read in juxtaposition, the two contradicted each other to a greater extent, as the complainant stated that they both pointed out the spot to the Investigating Officer and that the recoveries were effected from the spot in their presence---Eye-witness when appeared before the Trial Court, he categorically stated that he was not present with the Investigating Officer and the complainant at the time of spot pointation---Complainant admitted his subsequent arrival to the spot---Overall impact of the statements of the witnesses gave an impression that the witnesses, more particularly, the eye-witness was not present 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

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