ARSHAD ALI vs State S — 2024 MLD 212 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 MLD 212 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: MLD
Parties: ARSHAD ALI 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

ARSHAD ALI VS State S. 302(b)--- Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Recovery of incriminating material---Inconsequetial---Accused was charged for committing murder of the brother of the complainant by firing---Recovery of blood from the spot, the last worn blood-stained garments of the deceased and unnatural death of the deceased with firearm as per postmortem report, proved the factum of murder of the deceased, but never told the name(s) of the culprit/killer---Such pieces of evidence were always considered as corroborative pieces of evidence and were taken along with direct evidence and not in isolation---Record showed that there was no eye-witness to be relied upon, then there was nothing, which could be corroborated by the recovery---Circumstances established that the prosecution had failed to prove its case beyond shadow of doubt---Appeal against conviction was accordingly allowed.

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