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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---Ocular account and medical evidence---Contradictions---Accused was charged for committing murder of the brother of the complainant by firing---Complainant narrated almost same story as mentioned in the FIR, however, he added that they identified the accused in the light of a bulb lit at that moment---Stance of the complainant was that at the time of occurrence, the deceased was ahead of them, who was fired at by the accused from front, but his deposition was totally in conflict with the medical evidence because the concerned Medical Officer noted a lacerated wound over scalp, an entry wound on the back of head with its exit on left side of nose with visible brain matter---If the accused had fired upon the deceased from front side, surely all the bullets should have landed on front of the deceased, which was not the case here---Circumstances established that the prosecution had failed to prove its case beyond shadow of doubt---Appeal against conviction was accordingly allowed.

Other judgments reported in 2024 MLD

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