JAVED ULLAH vs State Ss — 2021 YLRN 132 PESHAWAR-HIGH-COURT

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JAVED ULLAH VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Common intention---Scope---Accused were charged that they made firing upon complainant and his son, due to which, son of complainant died---Two persons were charged for a solitary injury on person of the deceased and the prosecution was to answer that whose fire shot proved fatal---Joint enmity though was alleged to both of the accused, but the prosecution could not collect the required substance and even it failed to prove the shared intention between the two---Fact could not ignore that both the accused were shown armed with Kalashnikovs, but the recovery of only seven empties from the place of incident negated the version of the complainant, rather it told the involvement of a single accused---Had there been two accused the result would have been different with greater recoveries from the spot---Circumstances established that the prosecution could not succeed in bringing home guilt against the accused---Appeal against conviction was allowed, in circumstances.

JAVED ULLAH vs State Ss — 2021 YLRN 132 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported