Umar Daraz alias Muhammad Umar vs Mst — 2025 YLR 1284 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 YLR 1284 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: YLR
Parties: Umar Daraz alias Muhammad Umar vs Mst
Subject matter: Criminal

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

Umar Daraz alias Muhammad Umar VS Mst. Durdana Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Recovery of crime empties from the spot---Scope---Accused were charged for committing murder of the complainant then injured and his companion by firing---Record showed that three crime empties of.30mm bore and three of 12mm bore, were used in the commission of the offence---Victim mentioned in the FIR that the assailants were armed with "Aslaha Atisheen", without specifying the name of the firearms, let alone their bores, even though the firing was made at the complainant party from a short distance of about 20 paces, that too, in a broad daylight---Though, the eye-witness endorsed the report and conceded in his cross-examination that he could differentiate between pistols and guns, however, he too failed to specify the names of the weapons used in perpetrating the offence---Omission, in the attending circumstances, to explicitly mention the specific names of the weapons as pistols, rather than the vague term "Aslaha Atisheen" casted doubt on the victim's ability to speak and the eye-witness's presence at the crime scene---Said discrepancy was detrimental to the prosecution case--- Prosecution had been unable to prove the charge against the appellant---Appeal against conviction was allowed accordingly.

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