Imran Khan vs State Ss — 2025 YLR 1786 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 YLR 1786 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: YLR
Parties: Imran Khan 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

Imran Khan VS State Ss. 302(b) & 201---Qatl-i-amd, causing disappearance of evidence of an offence, or giving false information to screen an offender---Appreciation of evidence---Presence of the eye-witnesses at the time and place of occurrence not proved---Accused was charged for committing murder of the brother of complainant by firing---In examination-in-chief, one of the prosecution witnesses had admitted that he had not seen the appellant/convict while firing at the deceased---Said witness had also exonerated the presence of eye-witness which was his own brother---Even otherwise, eye-witness had stated that he along with the deceased were going to the house of his paternal uncle, while his brother/witness had recorded contradictory statement to that of eye-witness, as he had stated that he was coming from the house of his paternal uncle---Hence, keeping in view the facts and circumstances coupled with the conduct of eye-witness and his contradictory statement with his brother/witness, High Court reached the conclusion that the occurrence was an un-witnessed one and nobody was present at the time of murder of the deceased and as such, it would cast serious doubts on the case of the prosecution, benefit of which must be given to the appellant/convict---Circumstances established that the prosecution had failed to prove its case against the appellant beyond shadow of doubt---Appeal against conviction was allowed, in circumstances.

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