| Citation(s) |
|---|
| 1956 SLG 226 1956 SLD 226 = 1956 PLD 50 |
Criminal Appeal No. 177 of 1955, decided on 17th January 1956 from the order of Sardar Hizbullah Khan, Magis trate 1st Class Haripur with powers under section 30 Cr. P. C. dated 10th October 1955.
Before Habib Ullah, J
Sajjad Ahmad Jan and Abdur Rashid for Appellants. Muhammad Ali Additional Advocate-General for the Crown.
AHMAD ZAMAN and others-Accused-Appellants
VERSUS
THE CROWN-Respondent
Law:
Section:
P L D 1956 (W. P.) Peshawar 50
In this case, three men convicted of attempted murder appealed their sentences. The prosecution relied mainly on the complainant and two companions who claimed to identify the accused during a night-time shooting. The court found their credibility doubtful due to their bad character, contradictions in testimony, unexplained delay in filing the FIR, and conflicting witness accounts. Medical evidence also suggested the shots were fired from a distance, weakening the identification claim. Emphasizing that identity based on personal impression must be treated with caution, the court ruled the case was not free from doubt, set aside the convictions, and acquitted the accused.