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Kaleem Ullah vs State S — 2026 MLD 637 PESHAWAR-HIGH-COURT

Case information

Citation
2026 MLD 637 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2026
Reporter
MLD
Parties
Kaleem Ullah vs State S
Subject matter
Criminal
Provisions referred to
S. 302

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

Kaleem Ullah VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Inordinate delay in recording the statement of witness---Accused was charged for committing murder of the husband of complainant and another person by firing---Record showed that on 09.6.2021 i.e. after about one and half year of the occurrence, statement of mother of one of the deceased was recorded under Ss.164/364, Cr.P.C., before the Judicial Magistrate, wherein she narrated the occurrence as an eye-witness, however, in support of her statement, she was not produced before the Court during the trial, hence, her statement, recorded after one and a half year of the occurrence, could not be relied upon for sustaining conviction of the appellant---Prosecution failed to justify the reason for not producing her as an eye-witness of the occurrence or the reason for recording her statement after 1½ years of the occurrence---Circumstances established that the prosecution had failed to prove its case against the accused beyond any reasonable shadow of doubt---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2026 MLD

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