Citation Name: 2023 MLD 1128 PESHAWAR-HIGH-COURTBookmark this Case SHER BAHADAR vs State Ss — 2023 MLD 1128 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 MLD 1128 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: MLD
Parties: Citation Name: 2023 MLD 1128 PESHAWAR-HIGH-COURTBookmark this Case SHER BAHADAR vs State Ss
Subject matter: Criminal
Provisions referred to: Penal Code (XLV of 1860)

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

Citation Name: 2023 MLD 1128 PESHAWAR-HIGH-COURTBookmark this Case SHER BAHADAR VS State Ss. 497 & 161---Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-i-amd and common intention---Bail, grant of---Delay in recording statements---Contradiction in ocular and medical evidence---Old age of accused---Further inquiry---Accused along with others, allegedly killed the complainant's father due to a previous blood feud---Complainant did not witness the occurrence---Statements of witnesses were recorded on the second day after the occurrence---Prosecution claimed recovery of eight 7.62 bore empties at the crime scene, but this was contradicted by the post-mortem examination of the deceased---Medical officer's report revealed wounds on the left eyebrow and occipital region, as well as a wound with irregular margins beneath the skull bone, but no firearm injury was found on the skull or clothing---Investigating officer obtained a second opinion from the doctor regarding the weapon used, but the specific object used was not clear---It could not be definitively concluded that the deceased died from a firearm injury, thus the case of accused required further inquiry---Trial was ready to commence and the accused's further custody would not serve any purpose to the prosecution---Accused was 72 years old, making him eligible for bail---Bail application was granted, in circumstances.

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