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---Unusual conduct of scribe---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---Record showed that twice the signature of the complainant was obtained on the murasila, but the scribe could not convince that why such an unusual exercise was under taken---Failure of scribe to explain, by itself was sufficient to tell that soon after his arrival the complainant was not in senses to report and that his signature was put by the eye-witness---However, after the complainant regained his senses that his genuine signature was obtained---Thus, when such was the conduct of the witness and when such was the conduct of the scribe, then the prosecution had to suffer---Circumstances established that the prosecution failed in bringing home guilt against the accused---Appeal against conviction was allowed accordingly.

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