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, reduction in---Recovery of weapon of offence and crime empties---Reliance---Scope---Accused were charged for committing murder of the uncle of the complainant by firing---In the present case, on the arrival of the Investigating Officer to the spot, the weapon recovered from possession of the accused was handed over---Investigating Officer also recovered one empty of 303 bore near from the place of the absconding co-accused, whereas from the place of the deceased a rifle 222 bore along with an empty were taken into possession---Site-plan was prepared on pointation of the eye-witnesses with an addition in respect of the bullet marks on pointation of SHO---From the walls spent bullets were extracted---Recovered weapons along with empties were sent to the Forensic Science Laboratory and a positive report was received in that respect---Accused was arrested on the spot and the recovered empty matched with the weapon which was taken into possession at the time of his arrest---Undoubtedly, it was the accused who killed the deceased, but it could not be ignored that during spot inspection the Investigating Officer also recovered a Kalashnikov belonging to the deceased along with an empty lying on the spot, which yielded to a positive report---Circumstances established that prosecution had proved its case against the accused, however, the circumstances suggested that the act of firing by the accused was in exercise of his defence, thus, his sentence was reduced to imprisonment for ten years---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