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BEHRAM vs State Ss — 2021 PCrLJN 35 PESHAWAR-HIGH-COURT

Case information

Citation
2021 PCrLJN 35 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Parties
BEHRAM vs State Ss
Subject matter
Criminal

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

BEHRAM VS State Ss. 324 & 34---attempt to commit qatl-i-amd, common intention---appreciation of evidence---Benefit of doubt---Delay of about two hours in lodging the FIR---Effect---accused were alleged to have started firing upon the complainant-party with their respective firearms, as a result of which relative of complainant received injuries on his right arm and left foot---Report was made to police after two hours of the incident---Though the reason for delay had been explained in statement of the SHO where he had stated that there was no carpeted road between the place of occurrence and civil hospital---area was hilly and the terrain was very difficult which normally consumed one and half to two hours in reaching the hospital---High Court observed that report of the occurrence could not be termed as a delayed one, but those two hours might have been equally utilized for managing the presence of the complainant and other witnesses at the time of lodging of the report as well as for deliberations and consultations---appeal against conviction was allowed, in circumstances.

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