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ANWAR SYED vs State S — 2021 PCrLJ 232 PESHAWAR-HIGH-COURT

Case information

Citation
2021 PCrLJ 232 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Reporter
PCRLJ
Parties
ANWAR SYED vs State S
Subject matter
Criminal
Provisions referred to
S. 334---C

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

ANWAR SYED VS State S. 334---Causing itlaf-i-udw---Appreciation of evidence---Sentence, reduction in---Motive was not proved---Scope---Prosecution case was that the accused had caught left ear of complainant, cut it with a knife and fled away along with severed ear of the complainant---Complainant had stated in his first report as well as his testimony in the court that motive for the occurrence was momentous verbal altercation---Complainant had stated that the accused had brought the knife with him before coming to the spot and thus whatever motive had been existing, it was prior to the occurrence and was not developed at the time of occurrence---Said motive remained hidden but non-existence and non-disclosure of motive had been held to be digestible and not fatal to the case of prosecution---Prosecution had failed to bring on record any previous involvement of the accused in any offence, whatsoever---Accused was a man of 60 years old---Real motive had not been disclosed by the prosecution as well---Accused could not be alleged to be habitual or hardened, desperate or dangerous offender, in circumstances---Appeal was partially allowed to the effect that the accused was found liable to payment of half of the amount of diyat as Arsh amounting to Rs. 10,27,968 and the sentence of imprisonment of four years awarded to him was set aside.

Other judgments reported in 2021 PCRLJ

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