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

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BEHRAM VS State Ss. 324 & 34---attempt to commit qatl-i-amd, common intention---appreciation of evidence---Benefit of doubt---Non-availability of justification for the presence of witnesses at the spot---Chance witnesses---Scope---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---Record showed that complainant had admitted in his cross-examination that all the witnesses belonged to one family but living in different villages---Complainant had also stated in his cross-examination that they had not called each other to the village one day before the occurrence but had met by chance and spent a night there---as to for what purpose the complainant, injured and other persons had gone to that village was not mentioned in the record---admittedly, all the witnesses belonged to different areas and their getting-together at that village a day before the occurrence appeared to be a matter of mere chance from the evidence of the prosecution---appeal against conviction was allowed, in circumstances.

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

Case information

Judgment text as reported