AKHTAR ALI vs AMIR HATAM Ss — 2021 PCrLJ 1439 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 PCrLJ 1439 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: PCRLJ
Parties: AKHTAR ALI vs AMIR HATAM Ss
Subject matter: Criminal
Provisions referred to: S. 232---Q; S. 302; S. 324; Criminal Procedure Code (V of 1898)

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

AKHTAR ALI VS AMIR HATAM Ss. 302(b), 324 & 34---Criminal Procedure Code (V of 1898), S. 232---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Material error in charge---Effect---Accused were charged for making firing on complainant party, as a result one person was hit and died whereas another person became seriously wounded and had later succumbed to the injuries---Record showed that charge was framed against the accused wherein they were indicted under S. 302, P.P.C., only for murder of one deceased and under S. 324, P.P.C., for causing firearm injuries to the injured, though he had already succumbed to the injuries on the same day---High Court, while deciding the bail petition observed that said error in the formal charge---Trial Court was required to revisit the charge and alter/add the same in accordance with law, if needed---Controversy in question mainly cropped up due to the reason that the initial charge was defective which not only caused delay in conclusion of trial but also spawned numerous complications in the case---Trial Court had framed the initial charge in an oblivious and stereotyped manner and against the record---Said practice could not be left unattended---Appeal was allowed and the matter was remanded to the Trial Court with directions to summon the witness for his cross-examination and thereafter decide the case after hearing the parties.

Other judgments reported in 2021 PCRLJ

2021 PCrLJ 506 PESHAWAR-HIGH-COURTPROFESSOR AKHTAR KHAN VS State S. 497---prevention of electronic Crimes Act (XL of 2016), Ss. 10 & 11---Penal Code (XLV of 1860), S. 109---C…
2021 PCrLJ 1457 KARACHI-HIGH-COURT-SINDHADIL NADEEM VS State S. 497---prevention of electronic Crimes Act (XL of 2016), S. 22---Child pornography---Bail, refusal of---Delayed FIR--…
2021 PCrLJ 119 KARACHI-HIGH-COURT-SINDHSALEEM KHALID VS State S. 497---prevention of electronic Crimes Act (XL of 2016), Ss. 20, 21 & 24---Offences against dignity of natural pers…
2021 PCrLJN 83 QUETTA-HIGH-COURT-BALOCHISTANABDULLAH alias KHALIQ DAD VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Recovery of crime weapon---De…
2021 PCrLJN 2 QUETTA-HIGH-COURT-BALOCHISTANJAHANZAIB VS State Ss. 11F & 11H---Supply of statements and documents to the accused---Scope---Criminal trial commences with the distributio…
2021 PCrLJN 2 QUETTA-HIGH-COURT-BALOCHISTANJAHANZAIB VS State Ss. 265-E & 221---Plea of guilty---Charge to state offence---Scope---When a person is convicted on a plea of guilty, the…

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