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BAKHT RAWAN vs State Ss — 2021 YLRN 79 PESHAWAR-HIGH-COURT

Case information

Citation
2021 YLRN 79 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Parties
BAKHT RAWAN vs State Ss
Subject matter
Criminal

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

BAKHT RAWAN VS State Ss. 302(b), 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Benefit of doubt---Unnatural conduct of complainant---Scope---Accused was charged for committing murder of mother and sister-in-law of the complainant on the instigation of co-accused---Altercation between the deceased and accused over entry of sheep and goats to the fields was stated as motive behind the occurrence---Ocular account of the incident had been furnished by three eye-witnesses including complainant---Complainant stated that he was present at the rooftop of his house at the time of occurrence and witnessed the present accused firing at both the deceased, however, that was not his version in the initial report because he did not mention his name as eye-witness of the occurrence---Said fact was also admitted by author of Murasila and Investigating Officer in their respective cross-examination, thus, the complainant had tried to improve his initial version by introducing himself as eye-witness of the occurrence at a belated stage, as such, he is not a trustworthy witness---Appeal against conviction was allowed, in circumstances.

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