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MIR ALI SHAH vs State Ss — 2022 YLRN 169 PESHAWAR-HIGH-COURT

Case information

Citation
2022 YLRN 169 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Parties
MIR ALI SHAH vs State Ss
Subject matter
Criminal
Provisions referred to
S. 15---A; S. 164; S. 15; Khyber Pakhtunkhwa Arms Act (XXIII of 2013); Arms Act

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

MIR ALI SHAH VS State Ss. 324 & 337-F(vi)---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Attempt to commit qatl-i-amd, ghayr-jaifah-munaqqillah, possession of unlicensed arms---Appreciation of evidence---Motive was not proved---Scope---Accused was charged for injuring the complainant by firearm---Complainant at the time of lodging the report narrated before police that neither he nor his family had any enmity with anyone but in his statement under S.164, Cr.P.C. he set up a motive behind the occurrence by stating that one year back brothers of the accused had took him for passing Valium injection to him as advised by doctor and the accused had threatened him for life in case of inoculating the injection to him---Motive mentioned by complainant in his statement not only appeared to be afterthought for having been introduced at a belated stage but the same also did not stand to reason---Had the accused the intention to satisfy his vengeance because of the referred motive, he would have done so soon after the injured had injected him the intoxicating dose---Taking action of the accused against him after one year of the said event did not stand to reason---Even otherwise, motive was a double-edged weapon which cut both sides, as such, false implication of the accused by complainant because of the motive so set up could not be ruled out---Circumstances established that the prosecution had failed to prove its case against the accused to the extent of offences under Ss. 324 & 337-F(vi), P.P.C.---Appeal was partially allowed and accused was acquitted by setting aside conviction and sentence recorded by Trial Court under Ss.324 & 337-F(vi), P.P.C., whereas the prosecution proved its case under S.15 Arms Act, thus appeal to the extent of said offence was dismissed. Head Notes

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