BAD SHAH JAMIL vs MUHAMMAD JANBAZ KHAN Ss — 2021 YLR 1745 PESHAWAR-HIGH-COURT

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BAD SHAH JAMIL VS MUHAMMAD JANBAZ KHAN Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Non-availability of justification for the presence of complainant at the spot---Scope---Accused was charged for committing murder of the cousin of complainant, whereas the co-accused made firing upon the complainant, but he escaped unhurt---Motive shown was family honour---Allegedly, the complainant accompanied the deceased to a shop to purchase snuff and cigarette---After purchase the deceased followed complainant from the shop, while he had hardly walked ten paces he heard fire shots and found the accused duly armed with Kalashnikov firing upon the deceased---Both, the complainant and the deceased though, had come with common purpose and left the shop together, if that was so then instead going ahead 15 paces they would have been together in front of the shop at the time of firing---Complainant stated in his court statement that the firing was indiscriminate and the accused exhausted the magazine, if so then the complainant too would have received fire arm injuries---Presence of the complainant on the spot was not free from doubt, the purpose of their presence was to purchase snuff and cigarettes from the shop---Neither the cigarettes nor the snuff were produced to the Investigating Officer, so much so no attempt was made to record the statement of the shop-keeper to confirm the purpose of their presence and to convince the court of their presence at the place of occurrence---Witness in his court statement admitted that all the shop-keepers came out and witnessed the occurrence, but none come forward to confirm the time and manner of the occurrence---Circumstances established that the prosecution had failed to prove its case against the accused---Appeal against conviction was allowed, in circumstances.

BAD SHAH JAMIL vs MUHAMMAD JANBAZ KHAN Ss — 2021 YLR 1745 PESHAWAR-HIGH-COURT

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