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

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JOHAR ALI VS AMJAD ALI Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Motive was proved---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---Prosecution had also been able to successfully prove the motive in shape of Naqal Mad No. 11 dated 08.10.2014, which had been lodged by the deceased then alive himself against the accused and another person---In the said report, it was alleged that about six months back another deceased had been killed by accused and his co-accused due to unknown reasons---In respect of murder of said deceased a separate criminal case had earlier been registered vide FIR, a copy of FIR had also been exhibited in the case---Brother of the deceased in the case in hand had testified in the earlier case registered against the accused which fact had created a bad taste between the parties---Accused were also alleged to have threatened the complainant-party of dire consequences due to said statement and had also made aerial firing in front of house of the complainant party for intimidating them--- Prosecution had thereby established existence of motive on part of the accused for commission of the offence---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

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