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ABDUR RAZAQ vs IRFAN AHMED S — 2022 YLRN 108 PESHAWAR-HIGH-COURT

Case information

Citation
2022 YLRN 108 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Parties
ABDUR RAZAQ vs IRFAN AHMED 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

ABDUR RAZAQ VS IRFAN AHMED S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Appeal against acquittal---Accused was charged for committing murder of sister of the complainant by strangulation---Contradictions in the statement of witnesses---Effect---Ocular account of the occurrence had been furnished by three witnesses comprising complainant and two children of deceased---Admittedly, the complainant, brother of deceased, was not an eye-witness of the occurrence---Complainant was initially informed on telephone about the murder of the deceased, however, he did not disclose as to who informed him about the occurrence and that fact remained unrevealed during entire evidence of the prosecution---Record showed that two persons, initially charged as accused, subsequently became eye-witnesses of the occurrence---Admittedly, no effort was made to lodge report by the husband or stepson or stepdaughter of the deceased---Eye-witnesses deposed that accused, who was their paternal cousin, was putting rope around the neck of their mother---On seeing him, accused took out the rope from the neck of their mother and caught hold and threatened them not to disclose the occurrence to anyone, else he would kill them and thereafter he ran away---Statements of the alleged eye-witnesses were also contradictory with each other in material particulars---Minute analysis of the entire evidence on record suggested that the occurrence had not taken place in the mode and manner as alleged by the prosecution---Witnesses had given an exaggerated account of the occurrence by involving two persons therein, as there were no corroboration to their testimony from any independent source, thus, their deposition could not be relied upon for safe administration of justice---Circumstances established that the prosecution had failed to prove its case beyond any reasonable doubt against the accused---Appeal against acquittal being devoid of substance was dismissed, in circumstances. Head Notes

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