SARBILAND KHAN vs State S — 2022 YLR 578 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 YLR 578 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: YLR
Parties: SARBILAND KHAN vs State S
Subject matter: Criminal
Provisions referred to: S. 302

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

SARBILAND KHAN VS State S.302 (b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Presence of witness--- Proof--- Both accused persons were convicted by Trial Court for committing Qatl-i-amd---Validity---Both the eye-witnesses were living separately from deceased--- First report of occurrence mentioned that witnesses were attracted to the spot on hearing sound of fire shots---First information nowhere mentioned that eye-witnesses had been present in house of deceased at the relevant time---Witnesses could not have reached place of occurrence from their respective houses when accused persons were firing---Only inmate of the house was widow of deceased who was not produced by prosecution as witness and she was abandoned---High Court did not believe presence of prosecution witnesses and seeing accused persons decamping from the spot---High Court extended benefit of doubt to both the accused persons and acquitted them of the charge as prosecution failed to prove its case beyond reasonable doubt---Appeal was allowed, in circumstances. Head NotesCase Description

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