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KHAISTA MUHAMMAD vs State Ss — 2021 PCrLJ 1323 PESHAWAR-HIGH-COURT

Case information

Citation
2021 PCrLJ 1323 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Reporter
PCRLJ
Parties
KHAISTA MUHAMMAD vs State Ss
Subject matter
Criminal
Provisions referred to
S. 15---Q; Khyber Pakhtunkhwa Arms Act (XXIII of 2013)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

KHAISTA MUHAMMAD VS State Ss. 302(b) & 109---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd, abetment, possessing unlicensed weapon---Appreciation of evidence---Ocular account---Scope---Accused was charged for committing murder of his daughter/complainant by firing---Ocular account of the occurrence had been furnished by two ladies---Record showed that the occurrence had taken place inside the house---One of the eye-witnesses had been a minor daughter of the deceased lady while the other woman had been the lady hosting the deceased---In the given circumstances, their presence at the scene of occurrence had been very much natural and confidence inspiring---Said fact that the deceased lady while recording her dying declaration could not name them as eye-witnesses might not be taken as a reason for excluding their testimonies---Circumstances established that the prosecution had proved its case against the accused, however due to some compelling circumstances, death sentence was reduced to life imprisonment---Appeal was partially allowed.

Other judgments reported in 2021 PCRLJ

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