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)---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Eye-witness abandoned by the prosecution---Effect---Accused was charged for committing murder of the brother of the complainant by firing---In the present case, other alleged eye-witness was abandoned by the prosecution---Presumption would be that, had he been produced, he would have not supported the prosecution case---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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