Wajid Ali vs State Ss — 2025 YLR 413 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 YLR 413 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: YLR
Parties: Wajid Ali 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

Wajid Ali VS State Ss. 302(b), 201, 109, 120-B, 148 & 149---Qatl-i-amd, causing disappearance of evidence of offence, abetment, criminal conspiracy, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---No positive evidence available to connect accused with the crime--- Accused was charged that he along with his co-accused committed murder of the brother of complainant and buried the dead body with the help of co-accused---Record showed that the prosecution could not bring on record any evidence against appellants "J & N", but only the confessional statement of the co-accused---As right from the beginning till the end, no positive evidence could be collected to link the appellants "J & N" with the death of the deceased and even nothing incriminating was recovered on their pointation, so only the confessional statement of the co-accused could not be made basis for their conviction---Confessional statement of the accused could only be taken as a circumstantial evidence against the co-accused who was on joint trial---When the prosecution failed to collect evidence regarding their involvement in the episode and when no recovery or discovery was made on their pointation, then the Trial Court fell into error on this particular aspect of the case and it misdirected itself both on facts and in law, which called for interference---Thus, the criminal appeal to the extent of the appellants i.e. "J & N" was allowed, in circumstances.

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