Citation Name: 2023 MLD 1477 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD FAZAL vs State Ss

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Citation Name: 2023 MLD 1477 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD FAZAL VS State Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Matter reported to police with promptitude---Accused was charged for making firing upon son and nephew of the complainant, due to which, the son died whereas the nephew escaped unhurt---Occurrence in the present case occurred at about 06.50 a.m., whereas the matter was reported with a remarkable promptitude, followed by postmortem examination, excluding possibility of deliberation and consultation---Circumstances established that the prosecution had succeeded in bringing home charges against the accused through confidence inspiring evidence---Appeal against conviction was dismissed accordingly. Citation Name: 2023 MLD 1477 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD FAZAL VS State Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Ocular account supported by medical evidence---Accused was charged for making firing upon son and nephew of the complainant, due to which, the son died whereas the nephew escaped unhurt---Ocular account of the incident had been furnished by the complainant and his nephew---Complainant was step-father, while his nephew was brother-in-law of the deceased---However, testimony of a witness which was trustworthy and confidence inspiring could not be discarded merely on the basis of close relationship---No material contradictions were found between the two, which also found support from the medical evidence and site plan---Despite facing taxing cross-examination, both the witnesses remained consistent in their depositions on material aspects of the case---Testimony of said witnesses was further corroborated by the testimony of a shopkeeper, who was an independent witness---Said witness was examined before the Trial Court and his natural deposition fully established presence of the eye-witnesses on the spot at the time of incident---Ocular account was further supported by Emergency Officer, Rescue 1122, who testified the venue of lifting the dead body by mentioning the time as 7:00 a.m., which further strengthened the prosecution story---Circumstances established that the prosecution had succeeded in bringing home charges against the accused through confidence inspiring evidence---Appeal against conviction was dismissed accordingly. Citation Name: 2023 MLD 1477 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD FAZAL VS State Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Single accused---Accused was charged for making firing upon son and nephew of the complainant, due to which, the son died whereas the nephew escaped unhurt---Accused was singularly charged for murder of the deceased, but that alone was not sufficient to absolve the prosecution to prove its case on the basis of available evidence---No doubt, the substitution of single accused in a murder charge was a rare phenomenon, but at the same time to put rope around the neck of an accused charged singularly, there must be ocular account of unimpeachable character, trustworthy and confidence inspiring, corroborated by circumstantial evidence---Circumstances established that the prosecution had succeeded in bringing home charges against the accused through confidence inspiring evidence---Appeal against conviction was dismissed accordingly. Citation Name: 2023 MLD 1477 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD FAZAL VS State Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Motive proved---Accused was charged for making firing upon son and nephew of the complainant, due to which, the son died whereas the nephew escaped unhurt---Motive in the present case was stated to be the accused compelling the deceased for friendship---However, no evidence was brought in that respect, which remained a mystery and it probably had a bearing on the quantum of sentence, otherwise, the prosecution fully proved its case for sustaining conviction of the accused---Even, during statement of the accused under S. 342, Cr.P.C., specific question with regard to motive alleged by the prosecution was put to the accused, which was denied by him---Circumstances established that the prosecution had succeeded in bringing home charges against the accused through confidence inspiring evidence---Appeal against conviction was dismissed accordingly. Citation Name: 2023 MLD 1477 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD FAZAL VS State S. 154--- First Information Report--- Scope--- First Information Report is not encyclopedia of all details, it is meant to set the law in motion with regard to a cognizable offence. Citation Name: 2023 MLD 1477 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD FAZAL VS State Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Recovery of incriminating material---Reliance---Accused was charged for making firing upon son and nephew of the complainant, due to which, the son died whereas the nephew escaped unhurt---Investigating Officer, during the spot inspection recovered blood-stained earth from the place of the deceased and also collected two empties of .30 bore pistol from the spot---Said witness also recovered a motorbike related to the deceased during the spot inspection---Accused was arrested by the said witness and .30 bore pistol having fit magazine containing three live rounds of the same bore was also recovered from personal possession of the accused---Although, it was vehemently argued that there was no entry in the daily diary register regarding arrival and departure of the Investigating Officer with respect to said recovery, however, same would not benefit the accused for the reason that the ocular account furnished by the eye-witnesses had been believed in the present case---Positive report of Forensic Science Laboratory regarding the empties and pistol further supported the prosecution case---Circumstances established that the prosecution had succeeded in bringing home charges against the accused through confidence inspiring evidence---Appeal against conviction was dismissed accordingly.

Citation Name: 2023 MLD 1477 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD FAZAL vs State Ss — 2023 MLD 1477 PESHAWAR-HIGH-COURT

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