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---Motive not proved---Accused were charged for committing murder of the complainant then injured and his companion by firing---Prosecution asserted a dispute over money as the motive that led to the incident---However, on the one hand, the contents of the FIR were vague to the extent that they did not specify with whom the assailants had the dispute over money---On the other hand, the eye-witness claimed that this dispute was between him and the assailants---However, at the same time, eye-witness admitted in his cross-examination that he had not shown anything in writing to the Investigating Officer regarding that dispute, nor did the Investigating Officer collect any evidence to that extent---In the present case, the motive served as the sole link between the parties, and the failure to establish it significantly weakened the very foundation of the prosecution case---Prosecution did not succeed in establishing the motive and it was the prosecution that must bear the consequences of that failure---Prosecution had been unable to prove the charge against the appellant---Appeal against conviction was allowed accordingly.

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