USMAN vs STATE Ss — 2026 YLR 796 PESHAWAR-HIGH-COURT

Case information

Citation: 2026 YLR 796 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2026
Reporter: YLR
Parties: USMAN vs STATE Ss
Subject matter: Criminal
Provisions referred to: S. 15---Q; Khyber Pakhtunkhwa Arms Act (XXIII of 2013)

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

USMAN VS STATE Ss. 302(b) & 34---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S.15---Qatl-i-amd, common intention, possession of illicit weapon---Appreciation of evidence---Benefit of doubt---Contradictions in the statements of witnesses---Accused was charged that he along with his co-accused committed murder of the son of complainant by firing---Another witness of the prosecution, namely Mst. "Z" Bibi stated that on the day of occurrence she was present in her house and it was 09:00 a.m., when some people of the vicinity came to their house and informed about the incident---Said witness went near the house of one "A" and found the dead body of her nephew---Said witness returned back to her house from where she went to the house of deceased and informed mother of the deceased about the dead body---In the meanwhile, police came to their house and in the company of police she along with the complainant went to the spot and thereafter, to hospital, where her son and the complainant lodged the report---Said portion of examination-in-chief was sufficient to discard the testimony of complainant and the story narrated in the FIR---Even statement of that witness regarding shifting of the dead body in police mobile/Datsun was also contradicted by the statement of scribe of the murasila, who stated in his cross-examination that the dead body was brought in a private Datsun/pickup---Circumstances established that the prosecution had miserably failed to prove the case against the appellant---Appeal against conviction was allowed, accordingly.

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