ALI REHMAN vs State Ss — 2021 YLRN 118 PESHAWAR-HIGH-COURT

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ALI REHMAN VS State Ss. 302, 311, 109 & 34---Qatl-i-amd, tazir after waiver or compounding of right of qisas in qatl-i-amd, abetment, common intention---Appreciation of evidence---Benefit of doubt---Unnatural conduct of accused---Scope---Accused was charged that he along with his co-accused committed murder of his sister and son of complainant on the pretext of honour---Alleged confession of accused showed that a conspiracy was hatched by accused with co-accused to make surveillance of the paramour of their sister who per prior information was approaching to his house at that night, but it was astonishing that they did not notice the departure of their sister from the house to Hujra---According to prosecution, deceased son of complainant came to the Hujra and entered a room along with sister of accused but at that time the accused, though on guard, did not take any abrupt action and let the male deceased to be with his sister inside the room of Hujra---Even the accused and co-accused, as per confession, initially went to the said Hujra unarmed and when found the door closed from inside, the accused asked his brother to bring Kalashnikov and thereafter he committed the murders---Said conduct of the accused as put forth by prosecution did not fit in the given grave and stressed situation---Appeal against conviction was allowed, in circumstances.

ALI REHMAN vs State Ss — 2021 YLRN 118 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported