Citation Name: 2024 YLR 427 PESHAWAR-HIGH-COURTBookmark this Case HUMAYUN vs HABIB-UR-REHMAN Ss — 2024 YLR 427 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 YLR 427 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: YLR
Parties: Citation Name: 2024 YLR 427 PESHAWAR-HIGH-COURTBookmark this Case HUMAYUN vs HABIB-UR-REHMAN Ss
Subject matter: Criminal

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 427 PESHAWAR-HIGH-COURTBookmark this Case HUMAYUN VS HABIB-UR-REHMAN Ss. 302(b), 324, 337-F(iii), 427, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr - jaifah - hashimah, mischief causing damage to the amount of fifty rupees, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Identification of the accused by the eye-witnesses doubtful---Accused were charged that they made firing upon the complainant party, due to which three persons died while complainant sustained fire arm injuries---Record showed that the place of incident was an abandoned thoroughfare with ditches and steeps on either side---Thus, it was yet to be known that when the accused had the intention to commit the murders of the deceased, then what forced them to expose themselves to enable the complainant and the eye-witness to identify them, as the accused were allegedly present near the canyons (Kurajat), that too, duly Morchazan---Conduct displayed by the accused did not appeal to a prudent mind---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was accordingly allowed.

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