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Citation Name: 2024 PCrLJ 1708 PESHAWAR-HIGH-COURTBookmark this Case Iqbal Shah vs State Ss — 2024 PCrLJ 1708 PESHAWAR-HIGH-COURT

Case information

Citation
2024 PCrLJ 1708 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
PCRLJ
Parties
Citation Name: 2024 PCrLJ 1708 PESHAWAR-HIGH-COURTBookmark this Case Iqbal Shah 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

Citation Name: 2024 PCrLJ 1708 PESHAWAR-HIGH-COURTBookmark this Case Iqbal Shah VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Medical evidence not in line with the ocular account---Accused was charged that he along with his co-accused committed murder of the uncle of complainant by firing---Prosecution version was that two accused had fired upon the deceased as result of which he sustained firearm injuries on his body---According to the record, the Investigating Officer had alleged recovery of three empties of 30-bore pistol having same number---Dead body was examined by Medical Officer and he reported four entry wounds and three exit wound were found on the body of the deceased---Close perusal of the detail of wounds found on the dead body revealed that dimension of the entry wounds at serial Nos. (1) to (3) was one and the same i.e. 1 to 1½ cm which slightly varied from entry wound No. (4) with the dimension of 1 to 2 cm---Such difference of half centimeter of the last entry wound from the remaining three wounds was apparently due to the difference in the locale of injuries---Thus, the medical evidence suggested use of one weapon in the occurrence which would go against the basic version of prosecution that the murder had been committed by two accused including the present accused---It appeared from the such situation that the charge was exaggerated by complainant by implicating two members of the accused family---Thus, medical evidence was not in line with ocular account and the benefit of doubt arising out of the said conflict was to be given to accused---Appeal against conviction was allowed accordingl

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