Syed Nabi Shah vs State Ss — 2025 YLR 1752 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 YLR 1752 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: YLR
Parties: Syed Nabi Shah vs State Ss
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

Syed Nabi Shah VS State Ss. 302(b), 324 & 34---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Withholding material eye-witness---Adverse inference---Accused were charged for committing murder of the deceased by firing and also causing fire arm injuries to the complainant---In the present case, most important witnesses were not produced, so it was for the prosecution to tell that why it lacked interest in bringing the witnesses and it was for the Investigating Office to tell that why statement of the husband of the deceased was not recorded---No explanation was given by the Investigating Officer for not associating the eye-witness during investigation, so an inference could be drawn that the witness was not ready to support the false claim of the complainant and that the prosecution did not produce the witness with a fear in its mind---Once the best available evidence was withheld, then an adverse inference could be drawn and for that particular matter, Court was inclined to take into consideration Art.129(g) of the Qanun-e- Shahadat, 1984---Appeal against conviction was allowed, in circumstances.

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