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---Carrier of the murasila not produced---Accused was charged for committing murder of the brother of the complainant by firing---In the present case, neither the murasila was signed/thumb impressed by the complainant, nor Constable, who allegedly brought the murasila to the police station, was cited in the calendar of witnesses---Said fact had created a serious dent in the prosecution case---Sub-Inspector stated before the Court that he transmitted murasila to the police station through Constable---Moharrir also stated that actually the murasila was brought by said Constable, but that alone was not sufficient to believe that actually the murasila (not signed or thumb impressed) was brought to the police station by said Constable, when his name did not figure in the calendar of witnesses, what to talk of his appearance in the witness box---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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