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---Recovery of crime empties from the spot---Inconsequential---Accused was charged that he along with his co-accused committed murder of the son of complainant by firing---Allegedly, six empties were recovered from the crime scene---No denial of the fact that the occurrence allegedly took place at odd hours of night in thoroughfare---Empties remained unattended the whole night till the morning and that too, in a thoroughfare of thickly populated area---Investigating Officer at the very inception of his cross-examination stated that copy of FIR was handed over to him at about 12:00 hours and he reached on the spot at about 12:40 hours---Such deposition was in conflict with the statement of the complainant, who stated that she along with the Police Officials remained on the spot till 12:30 p.m. (noon)---Such discrepancy in the prosecution case could not lightly be ignored, particularly when the Trial Court while convicting the appellant has based its findings on the recovery of aforesaid empties---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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