LAIS KHAN vs State Ss — 2022 YLRN 9 PESHAWAR-HIGH-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

LAIS KHAN VS State Ss. 302(b) & 34---Qatl-i-amd, common intention--- Appreciation of evidence---Medical evidence---Scope---Accused was charged that he on the command of his co-accused/father committed murder of the husband of the complainant by firing---Medical evidence did not support the prosecution case---Medical Officer stated that the deceased received a single firearm injury and that the entry and exit wounds were through and through---Deceased at the time of receiving firearm injury was standing in the rear portion of the vehicle at a considerable height whereas the accused was standing on the road, in such eventuality the direction of fire should have been from down to upward, but the opinion of the Medical Officer told otherwise and it could safely be concluded that the incident did not occur in the manner as narrated---Medical evidence was confirmatory in nature and it could not outweigh the ocular account provided it sprang from unimpeachable source, which was not in the present case---Said conflict between the two belied the stance of the prosecution, more particularly regarding their presence at the place of incident---Circumstances established that the prosecution had failed to prove its case against the accused---Appeal against conviction was allowed, in circumstances. Head Notes

LAIS KHAN vs State Ss — 2022 YLRN 9 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported