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---Qatl-i-amd, common intention---Appreciation of evidence--- Non-availability of justification for the presence of complainant at the spot---Chance witness---Scope---Accused was charged that he and co-accused committed murder of the father of complainant by firing---Complainant had clearly proved that after second marriage by the deceased, the complainant along with his mother and sister was expelled from the house by the deceased, therefore, they were residing in the house of his maternal grandfather---Besides, the complainant used to teach Islamic education to the children in a mosque situated near the house of his grandfather---Presence of the complainant, in that view of the matter, in the house of the deceased was beyond the understanding of a prudent mind---If the relation of the deceased were so strained with mother of the complainant that she along with children was expelled from the house then living of the complainant in the house of his father did not appeal to a prudent mind---Complainant, in circumstances, had fallen within the category of chance witness---No explanation much less plausible had been furnished by the complainant so as to justify his presence in the house of the deceased---Rather sufficient circumstances had been disclosed by the complainant in his statement on the basis of which his presence in the house of the deceased could not be believed by any stretch of imagination---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