Mumraiz Ali vs Anwar Ali Ss — 2025 YLR 2541 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 YLR 2541 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: YLR
Parties: Mumraiz Ali vs Anwar Ali 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

Mumraiz Ali VS Anwar Ali Ss. 302(b), 324, 337-F(ii), 452, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah badi'ah, house-trespass, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Benefit of doubt---Defective investigation---Accused were charged for committing murder of father, brothers, daughter and sister-in-law of complainant and causing fire arm injures to the complainant and his brother---As was evident from the record that out of the deceased, the deceased "ZA" received one firearm entry wound, "MK" two firearm injuries, "Z" three firearm injuries, Mst. "O" one firearm injury, Mst. "S" one firearm injury and the deceased "B" three firearm injures---Total number of injuries was 24, whereas twelve (12) persons were charged for causing the same, so the Court was not persuaded from the report of the complainant and the number of accused had been exaggerated---Investigating Officer failed to mention that from what places the empties were collected, rather he stated that 27 empties of 7.62 bore were collected from the places of the accused---As was evident from the record that the accused were shown firing from three different places, so the Investigating Officer should have mentioned the same, but he did not and this slackness on part of the Investigating Officer had created dents in the prosecution case coupled with the fact that no trail of blood was noted between the places, where the deceased received firearm injuries and where they fell on the ground---Appeal against conviction was allowed, in circumstances.

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