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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
Provisions referred to
S. 302

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--- Contradictions in the statements of witnesses---Scope---Accused was charged for making firing upon complainant party, due to which, brother of the complainant was hit and died---No doubt that certain minor contradictions in statements of complainant and witness of last seen evidence were found---Said two witnesses had been examined in the Court after more than four years of the occurrence---Occurring of such minor contradictions was quite natural---Minor contradictions had not been related to the actual occurrence but related to arrival of the complainant and his brother to the mosque as well, as such other matters which could not be called as discrepancy in material particulars of the case---Witnesses were examined after more than four years of the occurrence, therefore, a photographic narration of the occurrence could not be expected from them---Such minor contradictions in statements of the witnesses were not sufficient to entitle the accused to outright acquittal, but such minor weaknesses in the case of prosecution might be considered in awarding him the lesser punishment---Trial Court had rightly awarded life imprisonment to the accused under S.302(b), P.P.C. instead of a death penalty---Appeal was dismissed accordingly. Head NotesCase Description

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