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

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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---Place of occurrence doubtful---Scope---Accused was charged for injuring the complainant by firearm---Record showed that the place of occurrence was doubtful because no blood had been recovered from the place where the injured had been shown in the site plan---Injured had sustained the first entry wound on his left upper arm and there was possibility of absorption of blood by thick garments commonly used in winter season but he had sustained the other wound on his left elbow, hence, the easy flow of blood from his arm towards the floor could naturally be expected but non-recovery of any blood from the spot created a reasonable doubt in prudent mind that the occurrence had not taken place in the mode and manner as narrated by complainant in the FIR as well as in his statement under S.164, Cr.P.C.---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

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

Case information

Judgment text as reported