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---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 no concrete evidence was available which could convince that all the accused charged were responsible for the death of the deceased and injury to the complainant---When a stage comes, where it becomes impossible that who, out of the accused charged, committed the offence, then the Courts are left with limited option to fix the liability---In such eventuality, the benefit of the same is always extended to all the accused charged and the present case was no exception---Once Court comes to a conclusion that the number of the accused have been exaggerated, then extra care and caution is required to be taken while appraising the evidence---As the number of injuries also did not commensurate with the number of accused charged and prime facie, the net appeared to have been thrown wide, so that aspect nullified the mode and manner as alleged and presented by the prosecution, which in run reacted qua the involvement of accused in the commission of offence---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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