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

Case information

Citation
2021 YLRN 132 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Parties
JAVED ULLAH vs State Ss
Subject matter
Criminal

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

Judgment text as reported

JAVED ULLAH VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Accused were charged that they made firing upon complainant and his son, due to which, son of complainant died---Motive for the occurrence was stated to be previous blood-feud between the parties---Record showed that the complainant had stated that at the time of incident he along with his deceased son was present in front of his house, when at once all the accused appeared duly armed, started firing at them, where he escaped unhurt, but his son got injured---Facts could not be ignored that the parties were locked in serious enmities and that in that eventuality it was the complainant who should be the prime target and not the son---Said fact needed appreciation as to how the complainant escaped unhurt, despite the fact that both the accused were fully loaded with sophisticated weapons and he too was at their mercy---Investigating Officer had observed bullet marks on the wall of the house just behind the complainant---Had the complainant been present at the time of incident, the bullet instead of striking the wall, lying behind, would have landed on the complainant---Complainant when appeared before the court stated that the deceased was hurriedly shifted to the hospital to save his life and that a witness accompanied him to the hospital, however, it was yet to know as to why the witness did not verify the report despite his presence there---Complainant had stated that at the time of report witness was not by his side---Had witness visited the hospital, his presence would have been marked by the scribe, as he did about the co-villagers---Circumstances established that the prosecution could not succeed in bringing home guilt against the accused---Appeal against conviction was allowed, in circumstances.

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