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---Presence of the eye-witness at the spot not proved---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---Eye-witness stated that during the days of occurrence he was having his business in "B" and that it was his routine to reach his village at the stated time and would join the complainant party on his way to his home---On the day of incident he reached in routine and met the complainant party near the place of incident and thereafter the incident occurred---Explanation tendered by the complainant regarding his presence on the day and at the time of incident was an after thought---As on one hand no witness was produced to confirm that during the days of occurrence eye-witness was working in "B" and even the Investigating Officer did not visit "B" to confirm the same---Presence of the complainant and eye-witness at the place of incident and at the time of incident was nothing but a co-incidence which did not appeal to a prudent mind---Circumstances established that the prosecution failed in bringing home guilt against the accused---Appeal against conviction was allowed accordingly.

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