Citation Name: 2024 YLR 457 PESHAWAR-HIGH-COURTBookmark this Case NAWAB KHAN vs State S — 2024 YLR 457 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 YLR 457 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: YLR
Parties: Citation Name: 2024 YLR 457 PESHAWAR-HIGH-COURTBookmark this Case NAWAB KHAN vs State S
Subject matter: Criminal
Provisions referred to: S. 302; S. 161

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 457 PESHAWAR-HIGH-COURTBookmark this Case NAWAB KHAN VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Presence of eyewitness at the spot not proved---Accused was charged for committing murder of the complainant then injured by firing---Investigating Officer visited the spot and prepared the site plan; in the site plan, at point No.2, the eye-witness was shown and surprisingly, the eye-witness was examined by the Investigating Officer under S.161, Cr.P.C. at 04:00 p.m., but at the time of report, neither the eye-witness came forward to verify the report made by the complainant nor the complainant disclosed his presence at the time of incident, while reporting the matter---If deceased then injured was conscious, alert and oriented in time and space, then he would have mentioned the presence of the witness at the crime scene, but he remained silent regarding his presence---Participation of the eye-witness in shifting the deceased then injured to the hospital and receiving the dead body after the postmortem was conducted and thereafter, his presence on the spot at the time of spot pointation was another factor which created doubt regarding his presence---Circumstances established that the prosecution had failed to prove the charges against the accused beyond reasonable doubts---Appeal against conviction was allowed, in circumstances.

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