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SHAH JEHAN vs ILYAS GUL Ss — 2021 YLRN 135 PESHAWAR-HIGH-COURT

Case information

Citation
2021 YLRN 135 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Parties
SHAH JEHAN vs ILYAS GUL 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

SHAH JEHAN VS ILYAS GUL Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Accused were charged that they made firing upon the complainant party, as a result brother of the complainant was hit and died---Contents of FIR were evident that the complainant in his first report charged four persons for indiscriminate firing at them---Complainant further clarified that it was the fire shot of the present accused, which proved effective, however, complainant had not disclosed the type of weapons, which the accused were carrying at the time of occurrence---Despite the fact that as per site plan the complainant and the assailants were very close to each other at the time of occurrence, therefore, there was no occasion or chance for the complainant to omit the description of the crime weapon possessed and used by each accused/respondent---Complainant in his cross-examination admitted that during the days of occurrence, he used to run a shop in the Gor Mandy---Eye-witness stated that during the days of occurrence he was running business of shopping bags---Marginal witness to the recovery memo was also associated with him---Said witnesses tried to give explanation of their presence at the spot and stated that on the day of occurrence it was Sunday but their explanation was not plausible because they were not government servants---Said witnesses were businessman and Sunday was not holiday for the business community---Witnesses also failed to explain as to for what purpose all the three were present on the thoroughfare---Circumstances established that the judgment of the Trial Court was not perverse or was a result of complete misreading or non-reading of evidence on record---Appeal against acquittal was dismissed, in circumstances.

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