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GUL SAFAID vs State S — 2022 YLR 1338 Gilgit-Baltistan Chief Court

Case information

Citation
2022 YLR 1338 Gilgit-Baltistan Chief Court
Year
2022
Reporter
YLR
Parties
GUL SAFAID vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; S. 302; S. 161; Penal Code (XLV of 1860)

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

GUL SAFAID VS State S. 497---Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-i-amd, common intention---Bail, refusal of---Perusal of record revealed that the accused was directly nominated in the promptly lodged FIR with specific role of effective firing on the deceased---Weapon of offence i.e. five shot rifle had been recovered from the house of accused on his pointation in presence of impartial private marginal witnesses---Offence under S.302, P.P.C. fell within the ambit of prohibitory clause of 497, Cr.P.C and eye-witnesses who were natural witnesses had witnessed the occurrence---Motive behind the occurrence had been mentioned as old enmity between the parties in the FIR---As far as rule of consistency was concerned, no recovery had been effected from the co-accused of the present accused and some prosecution witnesses in their statements recorded under S. 161, Cr.P.C by the police had exonerated the said co-accused---Rule of consistency thus was not applicable in the case of present accused---Accused had remained absconder for about 04 years and he was arrested recently---From tentative assessment of material collected by the prosecution during investigation, it transpired that reasonable grounds existed to believe that accused had prima-facie committed murder of the deceased---Bail petition was dismissed, in circumstances.

Other judgments reported in 2022 YLR

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