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ATA ULLAH KHAN versus STATE


Section 302/34 Criminal Code (v. 1898), Definition of Evidence 103, had no purpose to prove guilt; Recovering a gun from the accused was rightly dismissed by the trial court; Not empty was recovered; no witness from the gun recovery area was included in the incident to testify as required under Section 103, CRPC's mandatory provisions. There has been a clarification from local people about the need to emphasize the transfer of the Association of Public Witnesses. The suspect was not injured and the gun was sent for examination as the knives were not recovered from the spot. A hearing was held in the trial court against the accused's presence. The same benefit of the doubt was wrongly withheld, as was given to the two accomplices who were acquitted in the case of the accused when the evidence against them was exactly the same when the accused was given the benefit of the doubt and acquitted in the circumstances. had gone.

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