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TAJ ALI KHAN vs State S — 2021 YLRN 45 PESHAWAR-HIGH-COURT

Case information

Citation
2021 YLRN 45 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Parties
TAJ ALI KHAN 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

TAJ ALI KHAN VS State S. 497---Penal Code (XLV of 1860), Ss. 302, 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd and common intention---Bail, grant of---Negative report of Forensic Laboratory---Tentative assessment---Further inquiry---Scope---Accused persons were alleged to have murdered the deceased and attempted at the life of complainant and eye-witness---Assistant Sub-Inspector of Police, on the other hand, recorded Daily Diary stating therein that he was present near the place of incident in connection with another case where he was informed regarding the present incident, as such, he rushed to the spot, found the deceased in injured condition, engaged into an encounter with the assailants and ultimately arrested them---High Court observed that had the complainant and eye-witness been present on the spot, they would have reported the murder and ineffective firing upon them, but they did not, whereas names of complainant and eye-witness did not find mention in the Daily Diary---Report of Forensic Laboratory regarding matching of empties with the recovered weapons was received in the negative---Tentative assessment showed that the accused persons had succeeded in making out a case for bail, being one of further inquiry---Petition for grant of bail was allowed, in circumstances.

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