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TAHIR ABBAS versus STATE


Section 302 (b) of the definition of evidence The benefit of the doubt was presented by the complainant, the real brother of the deceased, alone in the account of the victim, who was a resident twenty miles away from the village on the occasion provided by the complainant of his visit. The explanation presented was not satisfactory and could not be safely relied upon in view of the victim's home and the incident. The three eyewitnesses in this case refused to support the complainant, furthermore it was only the complainant. Was the one who disposed of the motive, but admitted he was not present during the triggering incident. Ocular testimony is unsatisfactory, medical evidence could not be used to substantiate the same evidence; no crime was recovered on the spot, the recovery of the pistol was contradictory, as in the absence of a matching report from the expert, the weapon was used. Could not be said that the benefit of the doubt was extended to the accused in the circumstances and he had one to act accordingly.

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