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---Ocular account and medical evidence---Inconsistencies---Accused was charged for committing murder of the brother of complainant by firing---Examining the medical evidence, it was revealed that the autopsy on the dead body of the deceased was conducted by Medical Officer---According to the ocular account and the site plan, the deceased was allegedly shot from the left side---However, discrepancies arose as the post-mortem report indicated that most of the injuries were received by the deceased from the right side, suggesting a contradiction in the direction of the gunshots---Complainant asserted that he attended to his brother immediately after the incident, but he succumbed to his injuries on the spot---According to the ocular account, the deceased died instantaneously---Such conflicts with the postmortem report, stated a probable duration of 30 minutes to 01 hour between the injuries and the deceased's death---Medical evidence contradicted both the ocular account and the site plan, raising questions as to the truthfulness of the reported events---Appeal was allowed, in circumstances.

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