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

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---Mode and manners of occurrence doubtful---Accused was charged for committing murder of the complainant then injured by firing---Record showed that the prosecution failed to convince that why the accused killed the deceased, more particularly, when soon before the incident, all the three including deceased and accused were helping each other in threshing---If said part of the case was taken into consideration in light of the motive advanced, then it further created doubt regarding the manner in which the incident occurred and regarding the participation of the accused in the incident---If the accused killed the deceased because of the reason that he was an obstacle in their friendship, then it was surprising that why the accused was working with him and his son at the time of incident; rather in such eventuality, he would have not allowed the accused to enter his house and to work with them---Even the eye-witness did not utter a single word in that respect---Attending circumstances of the present case led to hold that the incident did not occur in the mode and manner as alleged and presented---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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