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Syed Amjad Hussain vs State Ss — 2024 MLD 940 PESHAWAR-HIGH-COURT

Case information

Citation
2024 MLD 940 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
MLD
Parties
Syed Amjad Hussain vs State Ss
Subject matter
Criminal

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

Syed Amjad Hussain VS State Ss. 302(b), 311, 109 & 34---Qatl-i-amd, tazir after waiver or compounding of right of qisas in qatl-i-amd, abetment, common intention---Appreciation of evidence---Benefit of doubt---Offence committed in house of accused---Accused were charged for committing murder of two persons, one male and one female, by firing---Record showed that the house in question where alleged murder of female deceased was committed was jointly owned by all the three accused---One of the accused could not be convicted and sentenced merely on the ground that he happened to be husband of the deceased or for the reason that he or his brothers did not lodge report of the incident in the Police Station---Accused could not be convicted merely on the basis of a presumption that since murder of wife had taken place in his house, therefore, it must be him and no one else who would have committed that murder---Even otherwise, recovery of blood and firearm empties from the place of occurrence merely confirmed the scene of crime, but did not prove guilt of the accused---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal was accordingly allowed.

Other judgments reported in 2024 MLD

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