IFTIKHAR KHAN alias KHARI vs State Ss — 2021 PCrLJN 45 SUPREME-COURT-AZAD-KASHMIR

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IFTIKHAR KHAN alias KHARI VS State Ss. 302, 337-H(2), 341 & 109---arms act (XX of 1965), S. 13---attempt to commit qatl-i-amd, rash and negligent act, wrongful restraint, abetment, possessing unlicensed weapon---appreciation of evidence---accused were charged for committing murder of cousin of the complainant by firing---Names of the eye-witnesses were duly mentioned in the FIR and nothing was available on record to show that the witnesses had any enmity towards the accused to falsely implicate him in the commission of offence---Even otherwise, it did not appeal to a prudent mind that the deceased as well as his heirs by letting off the real culprit implicated an innocent person in the case---all the three eyewitnesses in their statements fully supported the contents of FIR---Defence, despite making a lengthy cross-examination failed to shake their confidence---Statement of the deceased recorded before the police was also part of the record in which he himself stated the same facts as were narrated in the FIR---Statement of the deceased was also available on record which was in line with the ocular account and such a dying declaration could be considered as an important piece of evidence---Circumstances established that no mitigating factors were available in the case and the accused was the only person who murdered an innocent person in a brutal manner in presence of his daughter---appeal against conviction was dismissed accordingly.

IFTIKHAR KHAN alias KHARI vs State Ss — 2021 PCrLJN 45 SUPREME-COURT-AZAD-KASHMIR

Case information

Judgment text as reported