JOHAR ALI vs AMJAD ALI Ss — 2022 YLR 1874 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 YLR 1874 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: YLR
Parties: JOHAR ALI vs AMJAD ALI 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

JOHAR ALI VS AMJAD ALI Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Non-recovery of weapon of offence---Scope---Accused was charged for making firing upon complainant party, due to which, brother of the complainant was hit and died---Record showed that the weapon of offence i.e. Kalashnikov could not be recovered in the case, but the accused had remained absconder for more than two years and the possibility of disposing the weapon of offence during such period could not be ruled out---Testimony of witness of last seen evidence was also providing added vigor to the case of prosecution in that respect as said witness had seen the accused duly armed with Kalashnikov decamping from the spot immediately after the occurrence---Besides, six empty shells of Kalashnikov had also been recovered from the spot---Non-recovery of the weapon of offence in the case would hardly make any difference---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---Appeal was dismissed accordingly. Head NotesCase Description

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