JAVED ULLAH vs State Ss — 2021 YLRN 132 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.

JAVED ULLAH VS State Ss. 302(b), 324 & 34---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Withholding material witness---Effect---Accused were charged that they made firing upon complainant and his son, due to which, son of complainant died---Record showed that the alleged eye-witness was not examined rather the prosecution preferred to abandon him---Reason for his non-production were stated to be his advanced age and his mental disability to understand the proceedings---Question arose as to whether it was the counsel representing the complainant to determine the physical and mental condition of the witness or that it was the Trial Court to determine the same, answer was that, it was the Trial Court---Had the said witness been present at the time of incident he would have been produced by the prosecution but his non-production took to draw an inference that his appearance on the scene was nothing more but a stopgap arrangement---Article 129(g) of the Qanun-e-Shahadat, 1984 would cater for the situation---Circumstances established that the prose-cution 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