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Ijaz Ullah vs Shireen Zada Ss — 2024 PCrLJ 1370 PESHAWAR-HIGH-COURT

Case information

Citation
2024 PCrLJ 1370 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
PCRLJ
Parties
Ijaz Ullah vs Shireen Zada Ss
Subject matter
Criminal
Provisions referred to
S. 417; Criminal Procedure Code (V of 1898)

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

Ijaz Ullah VS Shireen Zada Ss. 302(b) & 34---Criminal Procedure Code (V of 1898), S. 417(2-A)---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, common intention---Appeal against acquittal---Appreciation of evidence ---Withholding material witnesses---Adverse presumption---Accused were charged for committing murder of the father of complainant by inflicting hatchet blows---Other eye-witness of the occurrence, widow of the deceased, was not produced by the prosecution in support of their case due to her illness---Same was the case with the daughter of the deceased, who was not produced in the Court by the prosecution for the simple reason that her name was not cited in the F.I.R, however, being important witnesses of the prosecution, they would have been in a better position to clearly identify with perfection the assailants, but they were abandoned and thus the prosecution in all eventualities had withheld the best available evidence, therefore, under Article 129 (g), the Qanun-e-Shahadat O. 1984 an adverse inference had to be drawn that had the said witnesses been produced they would have not supported the case of prosecution---Appeal against acquittal was dismissed accordingly.

Other judgments reported in 2024 PCRLJ

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