Shahid Zaman vs State Ss — 2025 YLR 2412 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 YLR 2412 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: YLR
Parties: Shahid Zaman vs State Ss
Subject matter: Criminal
Provisions referred to: S. 15---Q; Khyber Pakhtunkhwa Arms Act (XXIII of 2013)

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

Shahid Zaman VS State Ss. 302 & 311---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd, ta'azir after waiver or compounding of right of qisas in qatl-i-amd, possession of illicit weapon---Appreciation of evidence---Benefit of doubt---Ocular account and medical evidence---Confliction---Accused was charged for committing murder of the nephew of complainant and his wife by firing---Record showed that the medical evidence was in conflict with the ocular account---Had the incident occurred in the mode and manner alleged then the number of injuries would have been different and so their dimension, but as the incident occurred not in the manner as was disclosed, the medical evidence did not support the stance of the complainant, more particularly, when the doctor noted blackening marks on the injures of one of the deceased---Medical evidence was confirmatory in nature---Once the witnesses failed to establish their presenceand once their mala fide to charge the accused come on record, then the conflict between the medical evidence and ocular account would play a major role and this particular case was no exception---Thus, the conflict between the two had damaged the prosecution case---Circumstances established that the prosecution failed to bring home guilt against the appellant---Appeal against conviction was allowed, accordingly.

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