SHAH KHALID vs State S — 2023 PCrLJN 109 PESHAWAR-HIGH-COURT

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SHAH KHALID VS State S. 497---Penal Code (XLV of 1860), Ss. 393, 394, 34 & 100---Attempt to commit robbery, voluntarily causing hurt in committing robbery, common intention, when the right of private defence of the body extends to causing death---Bail, grant of---Prosecution case was that three accused persons snatched valuables on gun point from the complainant party and started firing at them; upon which complainant also started firing as a result of which two of the accused persons got injured (one of whom died later on) and were arrested but the third one decamped from the spot---Accused persons were charged in the FIR by names but as per contents of report, at the time of occurrence, all the accused persons had muffled their faces---No proper identification parade was conducted in respect of the accused who had decamped from the spot---No crime weapon was recovered from immediate possession of the said accused---Despite alleged indiscriminate firing none from the complainant party had received even a scratch rather the accused persons had sustained injuries which created doubt qua mode and manner of the occurrence advanced by the prosecution---Accused persons in their statements under S. 164, Cr.P.C., had charged the complainant party for attempting to commit their qatl-i-amd---Condition of the injured accused as described in physician's note was that he was weak, lethargic, de-saturated and pale looking, absolutely unfit for mobilization---Accused persons were admitted to bail.

SHAH KHALID vs State S — 2023 PCrLJN 109 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported