ADIL BACHA vs State Ss — 2021 YLRN 51 PESHAWAR-HIGH-COURT

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ADIL BACHA VS State Ss. 302 & 34---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, common intention---Appreciation of evidence---Confessional statement of accused---Scope---Accused were charged for committing murder of father of the complainant by firing---Record showed that confessional statement of the accused was exculpatory---Accused had shown complete ignorance about his involvement in the murder of the deceased---In the confessional statement, the accused had shown his ignorance about the occurrence and similarly he had also not disclosed about the role of co-accused--- Co-accused in his confessional statement 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, he along with co-accused made a plan for committing the murder of the deceased---One co-accused in the night of occurrence, told other co-accused on phone call to visit his house along with pistol, who accordingly reached there along with accused---Accused was directed to stand near the motorcycle and wait for them, whereas both the co-accused went towards the door of the house of deceased---Co-accused knocked at the door on which the deceased came out and his co-accused opened fire at him, as a result he got hit---Confessional statements of both the accused revealed that both were contradictory to each other on material fact---Confessional statement of co-accused was not corroborated by any other strong evidence---Appeal against conviction was allowed, in circumstances.

ADIL BACHA vs State Ss — 2021 YLRN 51 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported