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

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Citation Name: 2024 YLR 457 PESHAWAR-HIGH-COURTBookmark this Case NAWAB KHAN VS State S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Withholding material witnesses---Consequential---Accused was charged for committing murder of the complainant then injured by firing---Record showed that both the wife of the deceased and his son were the witnesses of identification as they identified the dead body of the deceased before the police at the time when the inquest report was prepared and before the Medical Officer, at the time of postmortem examination---Record further told that it was the eye-witness who received the dead body of the deceased after the postmortem examination---When presence of eye-witness on the spot was not established from the record then the recoveries effected and the site plan prepared was a circumstance which would go against the facts of the case---Prosecution story received a major blow when the eye-witness was not produced before the Court and as such, neither the eye-witness was examined during trial nor wife of the deceased---In such eventuality, the Court was left with no option but to hold that they were not ready to depose against the accused---As both wife of the deceased and son of the deceased were not examined by the prosecution then no other inference could be drawn, but that they were reluctant to support the false claim of the prosecution and there was no cavil with the proposition that when the best available evidence was not examined then it was only and only the prosecution which had to suffer---In the circumstances of the present case, Art. 129(g) of the Qanun-e-Shahadat, 1984 could be pressed into service---Circumstances established that the prosecution had failed to prove the charges against the accused beyond reasonable doubts---Appeal against conviction was allowed, in circumstances.

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

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