Citation Name: 2023 YLR 2097 PESHAWAR-HIGH-COURTBookmark this Case JAVED vs State Ss

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Citation Name: 2023 YLR 2097 PESHAWAR-HIGH-COURTBookmark this Case JAVED VS State Ss. 302(b), 324 & 337-D---Qatl-i-amd, attempt to commit qatl-i-amd, jaifah---Appreciation of evidence---Sentence, reduction in---Motive not proved---Accused was charged for making firing upon daughter of the complainant, her husband and his son in law, due to which daughter of complainant died while remaining were injured---Motive of the occurrence did not figure at all either while lodging the report at the initial stage followed by the exercise of investigation and even during the trial, none of the prosecution's witnesses was able to utter a single word in that regard---On that score alone, while lodging the report, the complainant could not highlight motive for the occurrence and on his turn in the witness box nothing as such had been brought on record---Likewise, father of the deceased did furnish his account during the trial but he could also not utter even a single word in respect of the motive of the fateful incident at the earlier stage---Admittedly, that absence of motive or absence of proof of the same would be a sufficient mitigating circumstance to determine the quantum of sentence---Circumstances established that the prosecution had proved its case against the accused but failed to allege any motive behind the occurrence---Thus, the penalty of death was reduced to life imprisonment---Appeal was partialy allowed. Citation Name: 2023 YLR 2097 PESHAWAR-HIGH-COURTBookmark this Case JAVED VS State Ss. 302(b), 324 & 337-D---Qatl-i-amd, attempt to commit qatl-i-amd, jaifah---Appreciation of evidence---Accused was charged for making firing upon daughter of the complainant, her husband and his son in law, due to which daughter of complainant died while remaining were injured---Trial Court had placed reliance on the account of complainant and injured---Account of said witnesses was direct, consistent and unequivocal in terms that the moment the accused came there, he started firing at the deceased, as a result of which, she was hit and fell down on the ground and the accused fled away---Injured also received fire arm injuries---Because of blood relation of the accused, the question of false implication could safely be excluded, whereas, the account of complainant was also direct, consistent and unequivocal on the material points coupled with the fact that his presence of the scene of occurrence at the fateful time was also natural for the reason that he was visiting house of his daughter and it was common culture and tradition of our society to pay a visit to near and dear ones as a token of love and affection on the day of celebration of social and religious occasions i.e. marriage, Eid etc.---Circumstances established that the prosecution had proved its case against the accused---Conviction of accused was maintained in circumstances---Appeal was partialy allowed.

Citation Name: 2023 YLR 2097 PESHAWAR-HIGH-COURTBookmark this Case JAVED vs State Ss — 2023 YLR 2097 PESHAWAR-HIGH-COURT

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