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AHMAD JAN vs State S — 2021 YLRN 154 PESHAWAR-HIGH-COURT

Case information

Citation
2021 YLRN 154 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Parties
AHMAD JAN vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; Penal Code (XLV of 1860)

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

AHMAD JAN VS State S. 497---Penal Code (XLV of 1860), Ss. 324 & 34---Attempt to commit qatl-i-amd, common intention---Bail, refusal of---Prompt FIR---Scope---Complainant along with the injured was on his way back to home, when the accused along with co-accused duly armed with Kalashnikov emerged and started firing at them which resulted in injuries---Matter was promptly reported to the local police by the complainant---Victim had received a single firearm injury on his body which was on his vital part---An attempt was made to make the case of further inquiry as according to counsel for the accused it was hard to ascertain that whose fire shot proved effective---Such submission could not be weighed only and only in favour of the accused as findings in favour of either side would prejudice the case---Accused was directly charged and the matter was promptly reported which excluded the possibility of consultation and deliberation and there was no room to introduce the element of mistaken identity---Accused was prima facie connected with the commission of offence---Petition, being bereft of merit, was dismissed, in circumstances.

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