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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---Medical evidence---Scope---Accused were charged that they made firing upon complainant and his son, due to which, son of complainant died---Both the witnesses i.e. the scribe to whom the matter was reported and the Medical Officer who examined the injured, confirmed that the injured was oriented in time and space and was capable to talk---Medical Officer, who prepared the Medico-Legal Certificate, found that the injured was oriented in time and space---If it was admitted that witness was not in reach at the time of report, what restrained the Police Official to ask verification from the injured, as by then he was fully conscious---Prosecution was still to answer that why the complainant choose to report instead of the injured, when the injured was fully conscious, oriented in time and space and was declared capable to talk---Comparing the two, it was expected more honesty from the son than the father, as the father had an axe to grind, whereas the son who was hardly aged thirteen years, was alien to such influences, had he reported, the court would feel less hesitation to accede, however, it was the choice between the two to report, that burdened the prosecution to do more---Scribe stated that he avoided the injured to report as he was minor, but never ever he stated that he attempted to record his statement and that he could not understand, as he was lacking maturity---Inference could be drawn that the complainant came forwarded with twisted facts---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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