LAIS KHAN vs State Ss — 2022 YLRN 9 PESHAWAR-HIGH-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

LAIS KHAN VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Presence of witnesses at the spot was doubtful---Scope---Accused was charged that he on the command of co-accused/father committed murder of the husband of the complainant by firing---Motive behind the occurrence was stated that the accused had divorced the sister of the deceased---When father of the deceased was present at the time of report what precluded him to accompany the dead-body of his son to the hospital for post mortem examination and he hurriedly went to the spot---Said conduct spoke nothing but mala fide and an inference could be drawn regarding his absence at the time of report and thereafter---When both the documents i.e. the first information report and the inquest report were placed in juxtaposition, it surfaced that the complainant while reporting the matter specifically mentioned the weapon used as Kalashnikov, however, in the relevant column of inquest report the word "deadly weapon" had been mentioned---Inquest report did not bear the FIR number and sections of law---Had the complainant been present and reported the matter on her very arrival to the Police Station then such discrepancy would not have occurred---Circumstances showed that complainant and the eye-witness were not present at the time of incident and even at the time of report---Circumstances established that the prosecution had failed to prove its case against the accused---Appeal against conviction was allowed, in circumstances. Head Notes

LAIS KHAN vs State Ss — 2022 YLRN 9 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported