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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---Recovery of crime empties from the spot---Inconsequential---Accused was charged for committing murder of the complainant than injured by firing--- From the place of incident, a 30 bore empty was taken into possession, but the same was sent to the Forensic Science Laboratory after a considerable delay---Said recovery was of no help to the prosecution as no weapon of offence was recovered from possession of the accused, at the time of his arrest, so as to establish that the same was fired from the weapon in possession of the accused---Even otherwise, the laboratory report was a circumstantial evidence which could be pressed into service only when the prosecution succeeded otherwise---As in the instant case, the prosecution could not bring substantial evidence on record, so such piece of evidence in isolation could not play a decisive role, rather it crawled to the background and could not be taken into consideration--- Circumstances established that the prosecution had failed to prove the charges against the accused beyond reasonable doubts---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2024 YLR

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