JABIR ALI SHAH vs BABAR ALI SHAH Ss — 2021 YLRN 44 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.

JABIR ALI SHAH VS BABAR ALI SHAH Ss. 302(b) & 34---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, common intention--- Appreciation of evidence---Confessional statements of accused persons--- Contradictions---Scope---Accused was charged that he and co-accused committed murder of the father of complainant by firing---Co-accused made exculpatory confessional statement---Co-accused had shown complete ignorance about his involvement in the murder of the deceased---No active role had been given by co-accused to himself or to the accused in the commission of offence---Similarly, co-accused had also not disclosed about the role of other co-accused---Accused in his confessional statement had stated that he had friendly/love relationship with co-accused on which his deceased father was annoyed and used to beat him---Having embarrassed from the attitude of his father, accused along with co-accused made a plan for committing the murder of the deceased---Accused knocked at the door on which the deceased came out and co-accused opened fire at him, as a result, deceased got hit---Both rushed towards the motorcycle and decamped from the spot---Perusal of the confessional statements of both the accused revealed that both were contradictory with each other on material facts---According to the statement of co-accused when he along with other co-accused reached the spot he was directed to stand near the motorbike and wait for him---Co-accused had not uttered a single word about arrival of accused at the parking place of motorcycle, whereas, according to accused, when co-accused persons reached the spot, he met them, prepared plan and directed co-accused to wait for them near the motorcycle and he along with other co-accused went towards the house of the deceased---Again according to statement of accused he told co-accused on phone to bring pistol, whereas, other co-accused who accompanied co-accused to the spot had not uttered a single word about availability of any pistol with co-accused---Besides, confessional statement of accused was not corroborated by any other strong evidence---Co-accused who had been given specific role of firing at the deceased had not recorded any confessional statement---If the confessional statement of accused was taken into consideration, the same could only be used as a circumstance against co-accused, that too, subject to its strong corroboration by other independent pieces of evidence and its proof during trial, which was missing in the case---Appeal against conviction was allowed, in circumstances.

JABIR ALI SHAH vs BABAR ALI SHAH Ss — 2021 YLRN 44 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported