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---Motive not proved---Accused was charged for committing murder of the nephew of complainant and his wife by firing---Motive was stated to be the illicit relationship between the two deceased, but neither the Medical Officer could confirm the same, nor any witness from the house came forward to convince regarding this particular aspect of the case---Though the motive was alleged, but the prosecution failed to prove the same and even the Investigating Officer could not record the statement of any independent witness in that regard---As both the deceased were shown to have died at different places and as they were not found in compromising position, so the motive alleged by the prosecution did not support the stance of the complainant and as the alleged motive was the sole cause of killing, so its failure had damaged the prosecution case and it by itself was sufficient for the acquittal of the appellant---Circumstances established that the prosecution failed to bring home guilt against the appellant---Appeal against conviction was allowed, accordingly.

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