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---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, common intention---Appreciation of evidence---Withholding material witness---Adverse presumption---Accused was charged that he along with his co-accused committed murder of the uncle of complainant by firing---Record showed that, per version of the complainant, witness "I" had also witnessed the occurrence in the backdrop of which his name was mentioned in the Inquest Report and Postmortem Report as identifiers of the dead body; he was even shown to have verified Murasila---Meaning thereby, said person was an important witness of prosecution, as such, a witness whose testimony could have been independent was abandoned by the prosecution---Although said witness was a relative of the deceased but the option of prosecution not to examine said witness during the trial created a doubt that he was abandoned presumably with some sinister motive---Appeal against conviction was allowed accordingly.

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