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

Case information

Citation
2021 YLRN 139 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Parties
ABDUR RAHIM 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

ABDUR RAHIM VS State Ss. 302(b), 506 & 34---Qatl-i-amd, criminal intimidation, common intention---Appreciation of evidence---Sentence, reduction in---Presence of witnesses at the spot was doubtful---Scope---Accused were charged for committing murder of the uncle of the complainant by firing---In the present case, the presence of the complainant and eye-witness did not appeal to a prudent mind, despite their hectic efforts they failed to establish their presence on the spot---Witnesses stated that they accompanied the deceased to the spot to help in mediation, but both of them contradicted each other on that particular aspect of the case---Said witnesses failed to convince as to who asked their help in mediation and even nothing was brought on record regarding the constitution of a Jirga---Record was silent as to who were nominated as arbitrators and that when the security was deposited, rather both the said witnesses admitted that the deceased was the sole arbitrator, which was unusual---Medical Officer, who conducted autopsy on the dead body of the deceased had confirmed that the deceased survived for long thirty minutes after receiving firearm injuries---If the witnesses were present on the spot, why they did not shift the deceased then injured to the hospital, as the motorcar was available on the spot---Had the witnesses including son of the deceased were present at the spot, they would not let the deceased die, rather their first priority would have been to save his life---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.

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