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---Admittedly the field to which the complainant party were going to cultivate was situated at a distance of 3/4km from their houses---However, it was yet to be known that when the complainant along with the deceased left their house at 03:45 p.m., how they reached within 15 minutes at the field and how they succeeded to cultivate the same by 04:00 p.m.---Said mechanical explanation and performance of the complainant and others was hard to appeal to a prudent mind---In all the three inquest reports, the time regarding death mentioned in the relevant column had been tampered, which on naked eye came to be 18:30 instead of 16:30 hours---Such tampering had never been explained by the scribe---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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