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---Ocular account and medical evidence--- Confliction--- Accused was charged for injuring the complainant by firearm---No denial of the fact that injured complainant had sustained two firearm injuries on his person as per Medico-Legal Report but the said report was in conflict with the basic version of prosecution incorporated in the statement under S.164, Cr.P.C. of the injured complainant---According to medical evidence, the injured had sustained one entry wound of 1½ cm on his left upper arm while the second bullet made its entrance on his left elbow the dimension whereof had been reported by Medical Officer as 1 cm---Entry wounds of different dimensions suggested the use of two different weapons, hence, it was not the job of one man---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