ARSALAN vs State Ss — 2021 MLD 461 PESHAWAR-HIGH-COURT

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ARSALAN VS State Ss.302(b), 392 & 411---Qatl-i-amd, robbery, dishonestly receiving stolen property---Appreciation of evidence---Prosecution case was that the accused tried to snatch laptop, mobile and motorcycle, which was resisted by nephew of complainant, due to which the accused fired at him, as a result of which victim sustained injuries and died later on---Record showed that the complainant reported the matter to the local police with promptitude when the deceased was injured and unconscious---Complainant narrated the incident as he had seen and the arrival soon after the incident with injured to the hospital excluded the chances of consultation and deliberation and false charge---Defence alleged that the injured was brought by the local police to the hospital as the name of the complainant figured nowhere in the Medico-Legal Report but that submission gained no ground as the deceased in injured condition was rushed to the hospital and he was placed before the doctor---Report was made by the complainant well within 45 minutes of the occurrence---Complainant was cross-examined at length, but the defence could not succeed to bring anything favourable from his mouth---Complainant was never questioned and never suggested that the charge was brought against the accused owing to some previous grudge---Complainant from the very beginning stated that there was no motive---Purpose of the accused was manifest from the fact that soon after the occurrence he fled on motorcycle of the deceased and took away the laptop and mobile phone of the deceased---Accused was so hardened that at time of arrest the snatched articles were recovered from his possession---Prosecution went with the investigation honestly and the defence could not point out any dent or mala fide---Complainant produced the registration of the motorcycle and also the purchase receipts of both the laptop and mobile phone---Circumstances established that the prosecution had successfully proved its case against the accused---Appeal against conviction was dismissed and Murder Reference was answered in the positive.

ARSALAN vs State Ss — 2021 MLD 461 PESHAWAR-HIGH-COURT

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