THE STATE THROUGH ADVOCATE GENERAL, N.-W.F.P. PESHAWAR versus KHALWAT KHAN
Section 2302 / Terror 34 Terrorism Activities Against Pressure (Special Courts) Act (XV of 1975), Section 7 (1) Criminal Procedure Code (V of 1898), Section 417 Appeal Against Prosecution Trial Claimant complainant's lonely statement was postponed. On the occasion of the incident, the complainant, being the real brother of the deceased, falls into the category of interested witness and his testimony had to be carefully and carefully examined and the complainant could be effectively dealt with by the complainant. Due to anonymity, filing the report will be delayed. , The element of counseling or false accusation against the accused cannot be ruled out completely. According to the complainant, his brother was present on the spot before arriving at the police station to make a report, but he was also denied. According to his brother, who said he had complained about his brother's death at the police station, that there was a similar lunch before the incident, according to the deceased's post-mortem report. Was not confirmed, according to which he was empty stomach during the post-mortem complainant's heterogeneity raised further doubts when many people were attracted to the spot soon after the incident, but not in this case the Investigation Officer. Cited independent witness, in the circumstances, did not comply with the provisions of section 103, CR PC 7 62 bore Was recovered from two blanks and sealed in a parcel, but no attempt was made by a weapons expert to find out whether the men had been shot in a firing squad.
Related judgments — Peshawar High Court NWFP, 2009