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---Identification of accused doubtful---Accused was charged for committing murder of the brother of complainant by firing---According to the site plan, there existed bushes between the complainant and the assailants---Investigating Officer admitted that the assailants could easily conceal themselves in the bushes, rendering them invisible from point #2, where the complainant asserted his presence---Said aspect casted doubt qua the complainant's ability to exactly identify the accused as the only assailant responsible for firing at the deceased, given the potential impediment posed by the bushes---Appeal was allowed, in circumstances.

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