LAL SHERIN vs State S — 2022 YLR 878 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 YLR 878 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: YLR
Parties: LAL SHERIN vs State S
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

LAL SHERIN VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Presence of eye-witnesses at the spot doubtful---Scope---Accused was charged for committing murder of the brother of the complainant by causing dagger blows---Medico-Legal Report showed that the column meant for "who brought" was left blank, which helped in forming an opinion that the deceased soon after receiving injuries was rushed to the hospital by the nearby people and that the complainant was not present with the deceased at the time of incident and also at the time when the injured was examined by the doctor---Had complainant been present, his name would have been mentioned in the relevant column and even he would have reported the matter in the hospital where the deceased, then injured, was examined---Complainant stated that when they reached to the place of occurrence, the deceased was walking thirty (30) paces ahead where the accused emerged and inflicted repeated dagger blows---Post-mortem report told that the deceased had received ten dagger blows which took 5/6 minutes for the accused to do away with the deceased and it was thereafter he fled away---When two real brothers were just behind the deceased, what precluded them to rush and rescue, instead waiting to let the accused to quench his thirst---Said witnesses displayed an abnormal conduct and they could not succeed in establishing their presence on the spot---Appeal against conviction was allowed, in circumstances. Head NotesCase Description

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