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

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

JOHAR ALI VS AMJAD ALI Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Ocular account---Scope---Accused was charged for making firing upon complainant party, due to which, brother of the complainant was hit and died---Motive behind the occurrence was that other brother of the deceased got recorded his statement as a witness in an earlier criminal case registered against the accused, due to which he was annoyed---Record revealed that eye-witness account of the occurrence had been offered by the complainant---Supporting evidence of last seen had been offered by a witness---Presence of the complainant could not be doubted just for the reason that the Medical Officer had, in his report of initial examination of the injured, stated that injured had been accompanied by witness---Medical Officer was not supposed to and he could not have mentioned all the people who had accompanied the injured to the hospital---Occurrence had taken place close to house of the deceased and beside witness he might have been accompanied by a number of people including the neighbours, but all of them could not have been mentioned by the Medical Officer and that also in such an emergency---Presence of the complainant along with his brother at the relevant time could not be disbelieved---Presence of complainant along with his deceased brother had also been mentioned by the other witness, in his statement under S.161, Cr.P.C. recorded same night at the place of occurrence without any delay---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---Appeal was dismissed accordingly. Head NotesCase Description

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

Case information

Judgment text as reported

Other judgments reported in 2022 YLR