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Citation Name: 2024 YLR 61 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD AKBAR vs State Ss — 2024 YLR 61 PESHAWAR-HIGH-COURT

Case information

Citation
2024 YLR 61 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
YLR
Parties
Citation Name: 2024 YLR 61 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD AKBAR vs State Ss
Subject matter
Criminal
Provisions referred to
S. 417---Q; Criminal Procedure Code (V of 1898)

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 61 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD AKBAR VS State Ss. 302(b), 324, 337-F(ii) & 34---Criminal Procedure Code (V of 1898), S.417---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr - jaifah - badi'ah, common intention---Appeal against acquittal of co-accused---Appreciation of evidence---Accused was charged that he along with his co-accused committed murder of the brother of complainant and caused injuries to the complainant by inflicting knife blows---Record showed that the injury attributed to the acquitted accused was caused on the abdomen of the deceased and that too superficial in nature---In other words the fatal injury had been attributed to the convicted accused---Cause of death was also due to the injury caused to the brain/head of the deceased---Trial Court had rightly appreciated the evidence and had given the benefit of doubt to the said accused---Thus, the testimony of the complainant had been rightly believed by the Trial Court to the extent of accused and had been disbelieved to the extent of acquitted accused---Factors in the case favoring acquitted accused could create no suspicion in establishing the presence of the eye-witnesses on the spot at the relevant time and their credibility had not been shattered, however, the same would only show a reasonable possibility that participation of acquitted accused had not been duly proved by the prosecution to the hilt, as such, for safe administration of justice co-accused was entitled to get benefit of doubt---Appeal against the acquittal of co-accused was accordingly dismissed.

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