Full Judgment Text & Judicial Ruling

2004 P Cr

2004 P Cr. L J 1033

[Peshawar]

Before Shah Jehan Khan and Qazi Ehsanullah Qureshi, JJ

DARYA KHAN‑‑‑Appellant

Versus

THE STATE and 2 others‑‑‑Respondents

Criminal Appeal No.51 of 2003, decided on 8th December, 2003.

Penal Code (XLV of 1860)‑‑‑

‑‑‑‑S. 324‑‑‑Suppression of Terrorist Activities (Special Courts) Act (XV of 1975), S.7‑‑‑Appreciation of evidence‑‑‑Statements of eye‑witnesses were materially contradictory‑‑‑Injured prosecution witness had not charged any person for firing‑‑‑No incriminating article had been recovered from spot‑‑‑Accused had been arrested from his house‑‑‑Statement of other prosecution witnesses were inconsistent to each other‑‑‑Case of prosecution was full of contradictions and discrepancies creating doubts, benefit of which would go to accused‑‑‑Conviction and sentence of accused were set aside and he was acquitted of the charge in circumstances.

Muhammad Yaqub Khan Marwat for appellant.

Shaukat Hayat Khan, D.A.‑G. for the State.

Respondents Nos.2 and 3 in person.

Date of hearing: 8th December, 2003.

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