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---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Medical evidence in conflict with the ocular account---Scope---Accused were charged for committing murder of the deceased by firing and also causing fire arm injuries to the complainant---As the deceased received multiple firearm injuries, so it excluded the possibility that she was fired at in the stated manner---Complainant in his Court statement made dishonest improvements regarding the manner in which the deceased was fired at and regarding the accused who fired at the deceased---If there was a struggling between the assailant and the deceased, then the medical evidence would have supported the same, but neither marks of violence were found on the dead body of the deceased nor any entry was caused from a close range---As on one hand the eye-witness failed to convince that the incident occurred in the stated manner, whereas on the other, the medical evidence did not support the case of the prosecution, so the conflict between the two had damaged the case of the prosecution beyond repair---Appeal against conviction was allowed, in circumstances.

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