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ZARSHAD vs State Ss — 2024 PCrLJ 546 PESHAWAR-HIGH-COURT

Case information

Citation
2024 PCrLJ 546 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
PCRLJ
Parties
ZARSHAD 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

ZARSHAD VS State Ss. 302(b) & 149---Qatl-i-amd, unlawful assembly---Appreciation of evidence---Benefit of doubt---Medical evidence and ocular account---Conflict between---Accused was charged that he along with his co-accused persons committed murder of the two sons of complainant and also injured him by firing---Medical evidence was in conflict with the ocular account, as on one hand the consciousness of the complainant, at the time of report, could not be established and on the other the number of injuries were not in consonance with each other, so it was confirmed that the medical evidence was in conflict with the ocular account---Such conflict between the two had created dents in the prosecution case and had added much to the scale of the accused---True that medical evidence was confirmatory in nature and in presence of eye-witness account the same played little role, but it could not be ignored, that in case the witnesses were not worthy of credence, then in such eventuality, the conflict between the two played a decisive role, more particularly, in determining the liability of accused charged---Circumstances established that the prosecution failed in bringing home guilt against the accused---Appeal against conviction was allowed accordingly.

Other judgments reported in 2024 PCRLJ

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