JEHANGIR KHAN vs State S — 2022 MLD 429 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.

JEHANGIR KHAN VS State S.302(b)---Qatl-i-amd---Appreciation of evidence---Sentence, alteration of---Accused was charged for committing murder of brother of the complainant by firing---Motive was a dispute over the construction of a warkha/vial---Complainant stated that he along with the eyewitness was present and busy in the construction work and the deceased was busy to supply bricks---Accused attracted to the spot and killed the deceased---Complainant further stated that soon after the incident the accused decamped from the spot, but he failed to explain that why no efforts were made to shift the dead-body either to the hospital or to the concerned police station for registration of case---Witness was cross-examined on that particular aspect of the case but he failed to explain as to what precluded them from approaching the local police---Investigating Officer explained that the dead-body was sent to the hospital but neither the complainant nor the eyewitness accompanied the same---Complainant was cross-examined that why he did not accompany the dead-body to the hospital, he replied that he and the eyewitness were asked to stay on the spot till arrival of the Investigating Officer, however, neither the Investigating Officer nor the scribe confirmed that stance---Surprisingly, a real brother despite his presence on the spot did not accompany the dead-body of his younger brother to the hospital, which gave an impression that the complainant was not present on the spot and that the dead-body was shifted to the hospital by the people present there---Presence of complainant was further doubted when the dead-body was identified by the identifiers who hailed from a different village lying at a distance of 3/4 kilometers from the spot, who too were the close relatives of the deceased---Deceased was a student of tender age with no direct motive with the accused, then what led the accused to kill the deceased and left the other---Said aspect of the case created doubt regarding presence of the complainant and the eyewitness on the spot at the time of incident---Appeal was partially allowed by altering the conviction awarded to the accused under S.302(b), P.P.C., to one under S. 302(c), P.P.C. and he was sentenced to ten years, in circumstances. Head Notes

JEHANGIR KHAN vs State S — 2022 MLD 429 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2022 MLD