Citation Name: 2023 YLR 1266 PESHAWAR-HIGH-COURTBookmark this Case RAB NAWAZ vs State Ss

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

Citation Name: 2023 YLR 1266 PESHAWAR-HIGH-COURTBookmark this Case RAB NAWAZ VS State Ss. 302(b), 324, 337-D, 334 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, jaifah, itlaf-i-udw, common intention---Appreciation of evidence---Delay of three hours in lodging the FIR---Immaterial---Accused persons were charged for committing murder of two persons and causing injuries to one person from the complainant party by firing---Motive behind the occurrence was stated to be blood feud---Admittedly the occurrence had taken place at 05:00 p.m. while the report was lodged at 08:00 p.m. with a delay of 03 hours---According to the murasila and site plan the occurrence had taken place near the house of Mr. "Z" at thoroughfare of a village---Scribe of the report of the complainant in his cross-examination stated that the distance between the place of occurrence and hospital was about 35/36 kilometers---Two persons had lost their lives while one was injured, considerable time would have been spent in making preparations for shifting the deceased and injured to the hospital---By considering the facts of the present case the delay would be immaterial and was of no benefit to the accused---Medical Officer conducted autopsy on the dead body of the deceased at 08:00 p.m. while probable time between death and post mortem was mentioned as 03 hours which corresponded with the time of occurrence as stated in the FIR i.e. 05:00 p.m.---Similarly, autopsy of female deceased was conducted at 11:00 p.m. and the time between death and post mortem was mentioned as within 06 hours which also confirmed the time of occurrence as mentioned in the report of the complainant---Circumstances established that the prosecution had proved its case against the accused, however, the present accused was held liable for the injury caused by him to injured, therefore, his conviction and sentence under Ss. 324, 337-D, 334, P.P.C. read with S. 337-T, P.P.C., was maintained while he was acquitted of the charge of qatl-i-amd of deceased persons---Appeal was dismissed with said modification, in sentence. Citation Name: 2023 YLR 1266 PESHAWAR-HIGH-COURTBookmark this Case RAB NAWAZ VS State Ss. 302(b), 324, 337-D, 334 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, jaifah, itlaf-i-udw, common intention---Appreciation of evidence---Incriminating materials recovered from the spot---Reliance---Accused persons were charged for committing murder of two persons and causing injuries to one person from the complainant party by firing---Investigation Officer had secured blood stained pebbles from the place of male deceased, 05 empties from the places of accused, blood-stained earth from the place of female deceased and injured, and 12 empties lying in scattered position from near the place of two accused persons---Investigating Officer had sent the blood stained articles and recovered empties to the Forensic Science Laboratory and received the Forensic Science Laboratory Report---According to the said Report the crime empties were found to be fired from different weapons which further strengthened the prosecution case---Said recoveries shown in the site plan fully supported the ocular account---Circumstances established that the prosecution had proved its case against the accused, however, the present accused was held liable for the injury caused by him to injured, therefore, his conviction and sentence under Ss. 324, 337-D, 334, P.P.C., read with S.337-T, P.P.C. was maintained while he was acquitted of the charge of qatl-i-amd of deceased persons---Appeal was dismissed with said modification in sentence. Citation Name: 2023 YLR 1266 PESHAWAR-HIGH-COURTBookmark this Case RAB NAWAZ VS State Ss. 302(b), 324, 337-D, 334 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, jaifah, itlaf-i-udw, common intention---Appreciation of evidence---Motive proved---Accused persons were charged for committing murder of two persons and causing injuries to one person from the complainant party by firing---Motive behind the occurrence was stated to be blood feud---As per record, the complainant in his report in the shape of murasila had stated motive behind the occurrence as blood feud between the parties---Thus, stance of prosecution with regard to motive had been fully proved by the prosecution---Moreover, the Trial Court had also given proper ground for lesser sentence---In such state of affair, the prosecution had proved the guilt of the accused through cogent and confidence inspiring ocular/direct evidence---Circumstances established that the prosecution had proved its case against the accused, however, the present accused was held liable for the injury caused by him to injured, therefore, his conviction and sentence under Ss. 324, 337-D, 334, P.P.C., read with S. 337-T, P.P.C. was maintained while he was acquitted of the charge of qatl-i-amd of deceased persons---Appeal was dismissed with said modification in sentence. Citation Name: 2023 YLR 1266 PESHAWAR-HIGH-COURTBookmark this Case RAB NAWAZ VS State Ss. 302(b), 324, 337-D, 334 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, jaifah, itlaf-i-udw, common intention---Appreciation of evidence---Common intention, applicability of---Accused persons were charged for committing murder of two persons and causing injuries to one person from the complainant party by firing---Present accused was charged by the complainant for firing at injured only, and the acquitted co-accused (since deceased) and absconding co-accused were assigned the role of firing at the deceased persons---Trial Court had convicted the accused under all the sections by holding that he had shared common intention and was liable for the death of both the deceased, even when firing at them was not attributed to the present accused---Record showed that the occurrence had taken place in a thoroughfare in front of the house of one "Z", which was neither the place of residence of the complainant party nor that of the accused---Thus, it appeared that the parties had confronted each other per chance at the relevant time and thereafter the incident occurred---Question was whether in such like circumstances the prosecution had been able to prove the community of common intention of the accused with the co-accused---Moreover, the owner of the house "Z" who was relative of the complainant was abandoned by the prosecution---In addition to that, it was also in the evidence that the house of the complainant party was visible and they could see each other from their respective houses---Had the present incident been a preplanned murder then the accused could have done it at some other place and time---Thus, the findings of the Trial Court holding the accused vicariously liable for the act of his co-accused i.e. for the murder of two persons, was not inconsonance with the provision of S. 34, P.P.C., hence the evidence to that extent had not been properly appreciated by the Trial Court---Accused was only held liable for the injury caused by him to injured, therefore, his conviction and sentence under Ss. 324, 337-D, 334, P.P.C., read with S. 337-T, P.P.C., was maintained while he was acquitted of the charge of qatl-i-amd of deceased persons---Appeal was dismissed with said modification in sentence. Citation Name: 2023 YLR 1266 PESHAWAR-HIGH-COURTBookmark this Case RAB NAWAZ VS State Ss. 302(b), 324, 337-D, 334 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, jaifah, itlaf-i-udw, common intention---Appreciation of evidence---Ocular account supported by medical evidence---Accused persons were charged for committing murder of two persons and causing injuries to one person from the complainant party by firing---Complainant reiterated the same narration as mentioned in the report---Injured/eye-witness supported the version of the complainant and his presence on the spot at the time of occurrence---Said witnesses were subjected to thorough cross-examination, but no material contradictions came to surface to cast doubt on the prosecution version---Nothing favorable to the accused was brought on the record and no reason for false implication had been suggested---Presence of the complainant and injured/eye-witness along with the deceased had been proved and they could be regarded as reliable witnesses and even their evidence by itself alone was sufficient without any independent corroboration---Medical Officers were examined who had given the details of injuries caused to the deceased as well as to the injured---Medical evidence fully supported the version of complainant---Circumstances established that the prosecution had proved its case against the accused, however, the present accused was held liable for the injury caused by him to injured, therefore, his conviction and sentence under Ss. 324, 337-D, 334, P.P.C. read with S. 337-T, P.P.C. was maintained while he was acquitted of the charge of qatl-i-amd of deceased persons---Appeal was dismissed with said modification in sentence.

Citation Name: 2023 YLR 1266 PESHAWAR-HIGH-COURTBookmark this Case RAB NAWAZ vs State Ss — 2023 YLR 1266 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2023 YLR