NOOR ISLAM vs State S — 2022 PCrLJN 98 PESHAWAR-HIGH-COURT

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NOOR ISLAM VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Non-mentioning of eye-witness in the FIR---Scope---Accused was charged for committing murder of the cousin of complainant---Presence of the three eye-witnesses on the spot could not be doubted because they were working in the same wood-stock as labourers which fact had been confirmed by witness/owner of the wood-stock in his statement---Defence objected that name of none of the eye-witnesses had been mentioned in the FIR---Record transpired that name of a witness had been mentioned in the FIR---Report was lodged by complainant on the basis of information he had received from eye-witness---Complainant was neither eye-witness of the occurrence nor resident of the area where the occurrence had taken place rather he was residing in somewhere else at the relevant time and had followed the deceased then injured to hospital on receipt of phone call from a witness---Mentioning the name of a witness and non-mentioning the names of other eye-witnesses in the FIR by complainant was not fatal to the prosecution case---Appeal was partly allowed by setting aside conviction and sentence recorded by the Trial Court under S. 302(b), P.P.C. and accused was convicted under S. 302(c), P.P.C. and sentenced to rigorous imprisonment for fourteen years. Head Notes

NOOR ISLAM vs State S — 2022 PCrLJN 98 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported