PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

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---Deliberation and consultation in lodging the FIR---Accused was charged for committing murder of the brother of complainant by firing---Scribe openly acknowledged that he first inspected the deceased's body and subsequently drafted the complainant's report at the spot---Scribe also admitted to have noticed the crime empties at the spot, but explained that he left them for the Investigating Officer to collect---Such admission raised concerns, as it suggested that the report was lodged after the preliminary investigation, a procedural misstep that had consistently been deemed detrimental to the prosecution's case---If the complainant had indeed been present with the deceased, it would be expected for him to accompany the dead body of his real brother to the hospital---However, complainant claimed to have stayed at the spot while the deceased was taken to the hospital, which appeared unnatural given the clos relationship between them---This was another circumstance which raised doubt qua the presence of the complainant---Appeal was allowed, in circumstances.

Other judgments reported in 2024 PCRLJ

Back to the case-law library · Search Pakistani case law in Urdu or English