IMRAN ALI SHAH vs State Ss — 2021 PCrLJN 6 PESHAWAR-HIGH-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

IMRAN ALI SHAH VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention--- Appreciation of evidence--- Night time occurrence---Source of light---Scope---Prosecution case was that the accused made firing upon complainant and his brother, as a result of firing they both were hit and got injured but the brother of complainant succumbed to injuries---Record showed that the testimony of complainant was in line with the FIR and fit with the circumstances of the case---Complainant though faced lengthy cross-examination but nothing favourable to the accused could be extracted---Place of occurrence was established as the Investigating Officer recovered blood stained earth from the place of the deceased and even the spot could not be disputed---Time of occurrence was 20:30 hours and there was possibility that darkness had prevailed, but when eye-witness was examined, he stated that at the time of occurrence, an electric bulb was installed on the adjoining house which facilitated him to identify the accused---Even the prosecution could not dislodge that stance of the witness---Admittedly, parties were co-villagers and were known to each other and the inter-se distances between the two sides were not so great to exclude the possibility of identification---Complainant had given specific role to both of accused---Prosecution witnesses were thoroughly cross-examined, but the defence could not succeed to discredit their testimony and to doubt their presence on the spot---Eye-witness had explained that his house and that of the complainant were connected with a small door and by the time he came to the house of the complainant then the incident was narrated by the deceased to his brother and he accompanied them to agitate the matter with the parents of the accused persons---Defence could not establish otherwise---Nothing could be brought from said witness in favour of the accused persons despite searching cross-examination and even no mala fide was suggested in respect of false implication of the accused---Accused were specifically charged and the role of firing was attributed to both of the accused persons---Circumstances established that the prosecution had proved its case to the hilt against the co-accused, as the witnesses remained consistent on all material aspects of the case---Appeal against conviction to the extent of co-accused was dismissed accordingly.

IMRAN ALI SHAH vs State Ss — 2021 PCrLJN 6 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported