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---Presence of eye-witnesses at the time and place of occurrence doubtful---Accused was charged that he along with his co-accused committed murder of the uncle of complainant by firing---Eye-witness, who claimed his presence at the spot, must satisfy the mind of the Court through some physical circumstances or through some corroborative evidence in support of his presence at the spot, which were missing in the present case qua the eye-witnesses---Said eye-witnesses claimed to have accompanied the dead body from spot to hospital but their names as identifiers of the dead body neither appeared in the Inquest Report nor in the postmortem report in view of which their presence on the spot at the time of occurrence was doubtful---Eye-witnesses had also stated that while shifting the deceased then injured from the ground to cot, their clothes got smeared with blood of the deceased but in the same breath they admitted that they had not handed over their blood-stained clothes to Investigating Officer---Such omission on the part of Investigating Officer suggested that neither the eye-witnesses were present on the spot at the time of occurrence nor their clothes were smeared with blood of the deceased, therefore, the same were not taken into possession by police---Appeal against conviction was allowed accordingly.

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