MUHAMMAD UMAR vs MUHAMMAD AYAZ S — 2026 YLR 952 PESHAWAR-HIGH-COURT

Case information

Citation: 2026 YLR 952 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2026
Reporter: YLR
Parties: MUHAMMAD UMAR vs MUHAMMAD AYAZ 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

MUHAMMAD UMAR VS MUHAMMAD AYAZ S. 302(b)---Qatl-i-amd---Appreciation of evidence---Presence of eye-witnesses at the spot doubtful---Non-recovery of incriminating material---Accused were charged for committing murder of the cousin of complainant by firing---In this case, it was the version of the complainant that they were busy in mud plaster of the complainant's house---For mud plaster the mason use a Girmala(wooden trowel), which had neither been recovered from the place of wardat nor had been handed over by the complainant to the Investigating Officer---Admittedly the deceased and the eye-witnesses were busy in mud plaster then at least there should have been some mud on their feet but neither the deceased nor the eye-witnesses had any stain of mud---Complainant further stated in his cross-examination that they with the help of a chaddar brought down the dead body from the rooftop to the courtyard but neither the said chaddar nor the said ladder nor the garments of the eye-witnesses were taken by the Investigating Officer, which adversely effected the prosecution story that the occurrence had not taken place in the mode and manner as narrated by the prosecution and the complainant and eye-witness were not present on the spot---Appeal against conviction was allowed, in circumstances.

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