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---Contradictions in the statements of witnesses---Scope---Accused were charged for committing murder of the uncle of the complainant by firing---Record showed that the prosecution witnesses failed to reconcile each other in respect of the recoveries effected from the spot---Complainant stated that when SHO reached to the place of incident, he arrested the accused and from his personal possession the weapon of offence was recovered---Complainant further stated that the Investigating Officer in their presence recovered a Kalashnikov of 222 bore, lying near the deceased along with an empty lying on the spot, but cousin of complainant/ witness contradicted his stance and stated that no empty of 222 bore was recovered from the spot---Said witness could not say as to whether the Investigating Officer took into possession a Kalashnikov lying near the deceased---One witness introduced another story by stating that after the deceased was fired at, the accused took into possession the Kalashnikov of the deceased and started firing at the walls of his house, which created bullet marks---Investigating Officer, when reached to the spot, extracted the spent bullets therefrom---Said explanation had damaged the prosecution case beyond repair---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