Citation Name: 2023 YLR 1967 PESHAWAR-HIGH-COURTBookmark this Case IQBAL KHAN vs Mst

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Citation Name: 2023 YLR 1967 PESHAWAR-HIGH-COURTBookmark this Case IQBAL KHAN VS Mst. SHEHNAZ BIBI S.302(b)---Qatl-i-amd---Appreciation of evidence---Presence of eye-witnesses at the spot proved---Accused was charged for committing murder of the son of complainant by firing during an altercation---Ocular account of the incident had been furnished by two eye-witnesses---Record showed that presence of eye-witness had been mentioned by complainant while lodging first report of the occurrence---Inquest report also indicated his presence at the time of handing over dead body of the deceased at the hospital---In the site plan, Investigating Officer of the case had also marked his presence---Site plan had also been prepared on joint pointation of both the eye-witnesses---Statement of one of the eye-witnesses had been recorded under S. 161, Cr.P.C. on the first day of occurrence while statement of other eye-witness had been recorded by the Investigating Officer on second day of occurrence---In such circumstances, mere omission to name the other eye-witness in S. 161, Cr.P.C. statement of eye-witness would not make much difference---Statement of other eye-witness had also remained fully consistent and confidence inspiring---Presence of both the eye-witnesses stood well established---Testimonies of said witnesses had also remained consistent inter se regarding the mode and manner of occurrence---Same was also corroborated by arrest of the accused on the day of occurrence along with a licensed .30-bore pistol recovered vide recovery memo---Two empties of .30-bore, recovered vide recovery memo. from the spot, had also been sent to Forensic Science Laboratory for the purpose of comparison, and report received there from was in affirmative providing sufficient corroboration to case of prosecution--- Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---Appeal against conviction was dismissed accordingly. Citation Name: 2023 YLR 1967 PESHAWAR-HIGH-COURTBookmark this Case IQBAL KHAN VS Mst. SHEHNAZ BIBI S. 302(b)---Qatl-i-amd---Appreciation of evidence---Substitution unlikely--- Accused was charged for committing murder of the son of complainant by firing during an altercation---Record showed that it was a case of single accused to whom complainant had not been inimical earlier---No reason existed for substituting the accused for the real culprit---Substitution in such like cases was a rare phenomena---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---Appeal against conviction was dismissed accordingly. Citation Name: 2023 YLR 1967 PESHAWAR-HIGH-COURTBookmark this Case IQBAL KHAN VS Mst. SHEHNAZ BIBI S.302(b)---Qatl-i-amd---Appreciation of evidence--- Transferred malice---Scope---Accused was charged for committing murder of the son of complainant by firing during an altercation---Evidence of prosecution had remained fully consistent against the accused, establishing his culpability beyond reasonable doubt---Case of the prosecution was supported by Medico-Legal evidence and also corroborated by evidence of recovery of weapon of offence and its matching Forensic Science Laboratory Report---Trial Court had rightly found accused guilty for commission of the offence and accordingly convicted him under S. 302(b), P.P.C.---More so, there remained no doubt about the criminal liability ensued by the accused for committing Qatl-i-amd---As per story of prosecution, accused did not have any motive for killing the deceased and had in fact been aiming his pistol on eye-witness/son of complainant for killing him but due to fate or missing of fire the deceased was done to death---Accused had in fact intended to kill said eye-witness but had killed deceased in the affair---In fact, it was a case of transferred malice for which legislature had already put in place S.301, P.P.C.---Law had left no room for doubt that if a person intended to kill one person but killed another as the result of firing so made, he would be treated to have committed qatl-i-amd of the deceased---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---Appeal against conviction was dismissed accordingly.

Citation Name: 2023 YLR 1967 PESHAWAR-HIGH-COURTBookmark this Case IQBAL KHAN vs Mst — 2023 YLR 1967 PESHAWAR-HIGH-COURT

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