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SHAH RAWAN vs State Ss — 2022 YLR 1228 PESHAWAR-HIGH-COURT

Case information

Citation
2022 YLR 1228 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
YLR
Parties
SHAH 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

SHAH RAWAN VS State Ss. 302, 324, 337-F(iii) & 109---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah-mutalahimah, abetment---Appreciation of evidence---Accused was charged for committing murder of the nephew of complainant by stabbing and also attempted at the life of witness---Land dispute was stated to be the motive behind the occurrence---Complainant stated that he was present with the deceased and other eye witnesses for collecting grass in the land of deceased when the accused approached to the spot and thereafter caused stab injuries to deceased and injured during altercation---Complainant verified his report by reiterating the contents thereof in his examination-in-chief and also confirmed that he led the Investigating Officer to spot along with the injured witness and made pointation of the place of occurrence in the light of which the site plan was prepared---During cross-examination, said witness had narrated in detail the mode and manner as well as the purpose of his departure to the place of occurrence in the company of deceased and other eye witnesses---Complainant also confirmed that he was at a distance of 100/120 feet from the deceased when the accused came closer to him---Statement of the complainant, being straight forward and truthful besides corroborated by other witnesses and circumstantial evidence, inspired confidence therefore, there was no doubt regarding his presence on the spot at the time of occurrence---Testimony of complainant could not be discarded on the sole ground that he was related to deceased---Circumstances established that the prosecution had proved its case against the accused through trustworthy and reliable evidence, therefore, his conviction and sentence by the trial court did not call for any interference---Appeal against conviction was dismissed. Head NotesCase Description

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