Citation Name: 2023 YLR 2629 PESHAWAR-HIGH-COURTBookmark this Case ABIDULLAH vs State Ss

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Citation Name: 2023 YLR 2629 PESHAWAR-HIGH-COURTBookmark this Case ABIDULLAH VS State Ss. 302(b), 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Night time occurrence---Sufficient source of light to identify assailants---Accused were charged for committing murder of the brother of complainant by firing and causing injuries to the complainant and his other brother---Record showed that the Investigating Officer took into possession one bulb, which was lit at the time of occurrence---In addition to the said bulb, the spot of occurrence was situated on main road, where besides the shop of complainant, there were many shops and residential houses and the bulbs installed in front of the shops and street lights available on the road could not be ruled out---In front of the complainant's shop a filling station, which remained open around the clock, had also been shown, where a number of bulbs were installed and were lit at the time of occurrence which showed that there was sufficient light on the spot of occurrence and ruled out question of non-identification of the accused by the complainant and eye-witnesses at the time of occurrence during dark hours of the night---Furthermore, complainant party and accused were co-villagers, as avowed by injured witness in his cross-examination that accused were well known to them being co-villagers, thus the question of mis-identification was not sustainable---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---Appeal against conviction was accordingly dismissed. Citation Name: 2023 YLR 2629 PESHAWAR-HIGH-COURTBookmark this Case ABIDULLAH VS State Ss. 302(b), 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Recovery of crime empties and weapon of offence---Negative forensic report---Inconsequential---Accused were charged for committing murder of the brother of complainant by firing and causing injuries to the complainant and his other brother---In the present case, two empties of 30 bore pistol, recovered from the spot, were sent for forensic analysis---According to Forensic Science Laboratory Report the empties did not match with the pistol allegedly produced by the brother of accused---Trial Court had rightly held that Forensic Science Laboratory Report, in nature, was only corroborative and confirmatory or explanatory to the ocular or direct evidence---When prosecution had proved its case through ocular account, mere Forensic Science Laboratory Report, being negative, would not be fatal to the case of prosecution---Neither conviction nor acquittal could be based solely on the basis of opinion of Ballistic Expert---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---Appeal against conviction was accordingly dismissed. Citation Name: 2023 YLR 2629 PESHAWAR-HIGH-COURTBookmark this Case ABIDULLAH VS State Ss. 302(b), 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Benefit of doubt---Accused were charged for committing murder of the brother of complainant by firing and causing injuries to the complainant and his other brother---Perusal of the record transpired that none of the remaining accused had been allotted with a specific role as to which injury resulted due to the blow(s) inflicted by which one of the accused---To be more specific, injured witness sustained only one injury for which two accused had been charged---Similarly for three small abrasions sustained by complainant, two persons had been charged without specification that which of the injuries or blow had been inflicted by which one of the accused persons---Said fact gave rise to a reasonable doubt in mind, benefit of which should be given to the accused as a matter of right and not as a grace---Moreover, the injuries sustained by the injured were simple in nature, therefore, by extending benefit of doubt, the appeals were allowed and said two accused were acquitted of the charges levelled against them, in circumstances. Citation Name: 2023 YLR 2629 PESHAWAR-HIGH-COURTBookmark this Case ABIDULLAH VS State Ss. 302(b), 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Presence of eye-witnesses at the spot justified--- Accused were charged for committing murder of the brother of complainant by firing and causing injuries to the complainant and his other brother---Record showed that the occurrence had taken place in front of the shop of complainant party---Presence of complainant, his brother/ injured along with deceased was natural and normally at evening time people did assemble at the shops, coupled with the fact that their house was situated at the distance of 200 paces from the shop as stated by complainant in his cross-examination---Complainant and injured eye-witness had attributed the effective role of firing at the deceased to accused with his 30 bore pistol---During spot inspection, Investigating Officer recovered two empties of 30 bore and also took into possession one bulb which was lit in front of the shop of complainant party at a height of ten feet at the time of occurrence---Case of the prosecution mainly rested on direct and substantive evidence of complainant and injured eye-witness, who witnessed the occurrence and narrated the same in confidence inspiring manner and despite of lengthy cross-examination, nothing had been elicited from their mouth which could favour the accused---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---Appeal against conviction was accordingly dismissed. Citation Name: 2023 YLR 2629 PESHAWAR-HIGH-COURTBookmark this Case ABIDULLAH VS State Ss. 302(b), 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Delay of forty five minutes in lodging FIR explained plausibly---Accused were charged for committing murder of the brother of complainant by firing and causing injuries to the complainant and his other brother---Record showed that the report was promptly lodged by the complainant in injured condition in the hospital after 45 minutes of the occurrence which were consumed in calling the rescue services and reaching of the ambulance at the spot and other arrangements for shifting the dead body of the deceased as well as the injured persons---So the question of consultation and deliberation did not arise---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---Appeal against conviction was accordingly dismissed.

Citation Name: 2023 YLR 2629 PESHAWAR-HIGH-COURTBookmark this Case ABIDULLAH vs State Ss — 2023 YLR 2629 PESHAWAR-HIGH-COURT

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