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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---Site plan---Scope---Accused were charged that they made firing upon complainant and his son, due to which, son of complainant died---Investigating Officer prepared the site plan on pointation of the witnesses with specific points assigned to either side---Inter-se distance between the complainant, the deceased and the assailants had been given as 40/45 paces and from such a long distance it was hard for the accused to select the target, rather their prime target should have been the complainant---Site plan belied the stance of the complainant---Had the complainant been present he would not have escaped unhurt, as he was within the firing range of the accused---Said aspect of the case dispelled the impression that the accused were interested in killing the deceased, as the motive was with the complainant---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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