IKRAMULLAH vs State S — 2022 YLR 1450 PESHAWAR-HIGH-COURT

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IKRAMULLAH VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Un-natural conduct of the complainant---Scope---Accused was charged for committing murder of the brother of complainant by firing---Motive for the occurrence alleged by the complainant was exchange of words/altercation between the accused and the deceased a few days earlier---Complainant stated that a few days earlier the deceased and the accused had altercated with each other and that the previous episode was the motive which attracted the accused to the site of occurrence to settle the score---If the present incident was the aftermath of previous altercation then instead of entering into altercation the assailant soon on arrival would have fired upon the deceased, had he come with the intention---Evidence showed that soon after the fire was made the complainant rushed to the deceased and found him struggling between life and death, but he lost the battle---Time between injury and death was given as 20-40 minutes, whereas the deceased was put in the Pick-up for Police Station when he breathed his last---Said element was of surprise that when the complainant soon after the incident attracted to the deceased and so the other people, who were watching the volleyball match then why they did not immediately shifted the injured to the hospital to save his life and why all arrangements were made when the deceased breathed his last---Conduct displayed by the complainant was not only strange but abnormal as well that no immediate efforts were made to save the life of the deceased by shifting him immediately to the hospital when there were still chances to survive---Circumstances established that the prosecution had failed to prove its case against accused---Appeal against conviction was allowed, in circumstance. Head NotesCase Description

IKRAMULLAH vs State S — 2022 YLR 1450 PESHAWAR-HIGH-COURT

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