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Fazal nawaz alias muhammad shafi vs State S — 2024 PCrLJ 993 PESHAWAR-HIGH-COURT

Case information

Citation
2024 PCrLJ 993 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
PCRLJ
Parties
Fazal nawaz alias muhammad shafi vs State S
Subject matter
Criminal
Provisions referred to
S. 302

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

Fazal nawaz alias muhammad shafi VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Circumstantial evidence---Accused was charged for committing murder of the brother of complainant by firing---Record showed that during the spot inspection, the Investigating Officer collected 05 crime empties of 30 bore and bloodstained earth from the spot, subsequently sent to the Forensic Science Laboratory for analysis---Forensic Science Laboratory Reports indicated that the crime empties were discharged from different 30 bore weapons, and the bloodstained earth was found as that of a human, belonging to the same blood group---Circumstantial evidence strongly supported the prosecution's case, although it alone was not sufficient to sustain a conviction for two primary reasons; firstly, the evidentiary value of circumstantial evidence was considered in favour of the prosecution when the ocular account was reliable and inspired confidence, which was not the case in the present case---Lack of confidence in the ocular account diminished the strength of the circumstantial evidence---Secondly, while the circumstantial evidence established a connection to the crime, it failed to explicitly identify the accused charged as the actual perpetrator---Consequently, the circumstantial evidence in the present case did not contribute significantly to the proof of the charge against the accused---Appeal was allowed, in circumstances.

Other judgments reported in 2024 PCRLJ

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