Citation Name: 2024 YLR 383 PESHAWAR-HIGH-COURTBookmark this Case ZALWANOOR vs State Ss

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Citation Name: 2024 YLR 383 PESHAWAR-HIGH-COURTBookmark this Case ZALWANOOR VS State Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Role of co-accused in the occurrence not established---Accused was charged for committing murder of the brother of complainant by firing---Record showed that nothing substantial was brought on record which could confirm the statements of the witnesses in respect of the role, said accused played---When the witnesses were at the mercy of that accused and when the said accused was armed with a .30 bore pistol then there was hardly any occasion for the witnesses to go unhurt; so the role of ineffective firing was a circumstance that favoured the said accused to a great extent---When such was the state of affairs, it lurked no doubt in mind of the Court that the prosecution case was on weak footings qua the involvement and participation of the said accused in the incident---In the present case, the record did not suggest that the accused "M" was sharing his mind with the principal accused, when such was the state of affairs then the role of both the accused persons must be tested individually---Trial Court was swayed with the role played by the principal accused and as a matter of extreme caution it decided to convict the accused "M" as well---Had the Trial Court applied its judicial mind to the facts and circumstances of the case, then it would have not hesitated in convicting the principal accused and in acquitting the accused "M"---In the present case it was necessary to apply the test of accuracy independently, as in that eventuality, Court would be in a better position to rescue both the sides from a greater loss---Circumstances established that the prosecution failed to prove the charge against the accused "M" beyond shadow of reasonable doubt---Appeal against the conviction to the extent of accused "M" was allowed accordingly.

Citation Name: 2024 YLR 383 PESHAWAR-HIGH-COURTBookmark this Case ZALWANOOR vs State Ss — 2024 YLR 383 PESHAWAR-HIGH-COURT

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