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

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LAIS KHAN VS State Ss. 302(b) & 34---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, common intention--- Appreciation of evidence--- Withholding material evidence--- Effect---Accused was charged that he on the command of his co-accused/father committed murder of the husband of the complainant by firing---Though, the statement of driver of the vehicle which was used for transporting the deceased to hospital was produced before the court of Judicial Magistrate where his statement under S.164, Cr.P.C. was recorded---Thereafter said driver did not turn up, so was not produced during the trial and was abandoned---Driver was an important witness and his non-production told otherwise, had he been present at the place of incident he would have come to the court of law to depose against the accused---No other inference could be drawn but that if was produced he would have not supported the prosecution case---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