WAJID KHAN vs STATE Ss — 2026 YLR 466 PESHAWAR-HIGH-COURT

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WAJID KHAN VS STATE Ss. 302(b), 364, 404, 201, 202 & 109---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd, kidnapping or abducting a person with the intent that they may be murdered or put in danger of being murdered, dishonest or fraudulent misrepresentation of a will or other document relating to the creation of a posthumous document, causing disappearance of evidence of an offence or for giving false information to screen an offender, intentional omission to give information about an offence by a person legally bound to do so, abetment, possession of illicit weapon---Appreciation of evidence---Benefit of doubt---Medical evidence contradicting prosecution's case---Accused was charged for committing murder of the brother of complainant by firing---Medical Officer testified that the dead body was in an advanced state of decomposition, with only a single stab wound on the neck---There was no evidence of firearm injuries, which contradicted the prosecution's claim that the murder weapon was a pistol---During cross-examination, Medical Officer explained that no cut marks were found on the clothes of the deceased---Said witness admitted that he had not observed any other wound except stab wound---Moreover, the alleged crime weapon was never recovered from the appellant's possession---Besides, recovery of weapon had become immaterial in view of the deposition of Medical Officer, who clearly explained that except stab wound, no other wound was found on the dead body of deceased---Circumstances established that the prosecution, under no circumstance, was able to establish guilt of the appellant beyond a reasonable doubt---Appeal against conviction was allowed, in circumstances.

WAJID KHAN vs STATE Ss — 2026 YLR 466 PESHAWAR-HIGH-COURT

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