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HAYATULLAH vs State Ss — 2024 PCrLJ 202 PESHAWAR-HIGH-COURT

Case information

Citation
2024 PCrLJ 202 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
PCRLJ
Parties
HAYATULLAH 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

HAYATULLAH VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Absconsion of the accused---Accused was charged that he along with his co-accused committed murder of the brother of complainant by firing---Record showed that right from the day of incident till his arrest, the accused remained in hiding with no plausible explanation---Abscondence was not a substantive piece of evidence, rather it was a circumstance that could be taken into consideration, that too, when the prosecution succeeded in bringing home guilt against the accused by producing convincing evidence, but in the instant case the situation was altogether different, so the abscondence alone could not be taken into consideration to convict the accused, that too, for awarding capital punishment---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of any doubt---Appeal against conviction was accordingly allowed.

Other judgments reported in 2024 PCRLJ

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