ABDUR RAHIM vs State Ss — 2021 YLRN 139 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.

ABDUR RAHIM VS State Ss. 302(b), 506 & 34---Qatl-i-amd, criminal intimidation, common intention---Appreciation of evidence---Sentence, quantum of---Scope---Accused were charged for committing murder of the uncle of the complainant by firing---Record showed that there were the fire shots of the deceased which struck the walls and the spent bullets were recovered by the Investigating Officer therefrom---Circumstances revealed that it was not only the accused who initiated, rather the deceased was also instrumental in aggravating the situation---Overall situation was that it was the joint venture of both, i.e. the accused and the deceased, which aggravated the situation to an extent that claimed the life of deceased---Approach of the deceased and others to the spot duly armed told another story---Both the sides twisted the facts to their favour and no one came forward with the whole truth---Proceedings before the civil court on the day of incident suggested that they were the deceased and two others who chased the accused to his house---Two of the witnesses failed to establish their presence on spot and the third one though present suppressed the real facts---Deceased, in circumstances, was equally responsible as the accused was, however, it was still a mystery that who out of the two took the start---Accused deserved a sentence under S.302(c), P.P.C., instead of S.302(b), P.P.C., in circumstances---Appeal against conviction was disposed of with said modification in sentence.

ABDUR RAHIM vs State Ss — 2021 YLRN 139 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported