Citation Name: 2024 YLR 1662 PESHAWAR-HIGH-COURTBookmark this Case State vs AKBAR KHAN Ss — 2024 YLR 1662 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 YLR 1662 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: YLR
Parties: Citation Name: 2024 YLR 1662 PESHAWAR-HIGH-COURTBookmark this Case State vs AKBAR KHAN Ss
Subject matter: Criminal
Provisions referred to: S. 417; Criminal Procedure Code (V of 1898)

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

Citation Name: 2024 YLR 1662 PESHAWAR-HIGH-COURTBookmark this Case State VS AKBAR KHAN Ss. 302(b) & 34---Criminal Procedure Code (V of 1898), S. 417(2-A)---Qatl-i-amd, common intention---Appeal against acquittal---Appreciation of evidence---Contradictions in the evidence--- Accused/respondents were charged for committing murder of the brother of the complainant---Prosecution witness, who was nephew of the deceased as well as the complainant, in his testimony before the Court had disclosed a different cell number as against the one cited by the complainant in his initial report, therefore, there existed a doubt about the real cell number of the deceased---In view of the said glaring contradictions the Trial Court had rightly extended the benefit of doubt to the accused/ respondents in the shape of their acquittal---Likewise, the testimonies of the two hostile witnesses were also in contrast with the version of the prosecution, although, they were declared hostile witnesses in view of the statement of the defence counsel, however, nothing beneficial from their mouths could be extracted during the course of their cross-examinations in respect of the guilt of the accused/ respondents---Appeal against acquittal being bereft of any merits was dismissed, in circumstances.

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