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 badiah, house-trespass, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Benefit of doubt---Medical evidence in conflict with the ocular account---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---On one hand the number of injuries, keeping in view the use of as many as 12 sophisticated weapons, did not support the case of the prosecution, whereas on the other only 24 injuries were caused to the deceased and the injured witnesses---Had all the accused participated in the incident, then the deceased would have received more injuries than they actually received---Thus, the medical evidence was in conflict with the ocular account and the conflict between the two had created many dents in the prosecution case---Medical evidence is confirmatory in nature and it alone cannot outweigh the proved case of the prosecution, but once the credibility of the witnesses is shattered, then the conflict between the two benefits the accused---Appeal against conviction was allowed, in circumstances.

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