Citation Name: 2023 YLR 868 PESHAWAR-HIGH-COURTBookmark this Case IRFANULLAH vs State Ss

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Citation Name: 2023 YLR 868 PESHAWAR-HIGH-COURTBookmark this Case IRFANULLAH VS State Ss. 302(a) & 353---Khyber Pakhtun-khwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, possession of unlicensed arms---Appreciation of evidence---Medical evidence---Scope---Accused was charged for committing murder of on duty Police Official by firing---Record showed that the number of injuries on person of the deceased and the empties collected from the spot supported the stance of the complainant---Accused made two fire shots and the deceased received the two, so the medical evidence fully supported the stance of the complainant---Medical evidence was confirmatory in nature which alone was not sufficient for the conviction of an accused charged, but equally true that when the prosecution otherwise succeeded in bringing on record strong evidence in its favour then medical evidence had the key role to play and the present case was no exception---Circumstances established that the prosecution had proved its case against the accused but the accused was not deserved to be convicted under S. 302(c), P.P.C. instead of S.302(a), P.P.C.---Appeal was partially allowed by setting aside the conviction and sentence awarded under S.302(a), P.P.C. and sentenced the accused under S. 302(c), P.P.C. to fifteen years rigorous imprisonment---Appeal was dismissed with said modification in sentence. Citation Name: 2023 YLR 868 PESHAWAR-HIGH-COURTBookmark this Case IRFANULLAH VS State Ss. 302(a) & 353---Khyber Pakhtun-khwa Arms Act (XXIII of 2013 ), S. 15---Qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, possession of unlicensed arms---Appreciation of evidence---Motive was not proved---Scope---Accused was charged for committing murder of on duty Police Official by firing---Allegedly, the prosecution could not succeed in proving the motive, as no independent witness was examined by the Investigating Officer in that respect---No witness came forward to tell that there was a previous ill-will between the two and that it was because of the active connivance of the deceased that the accused was booked in several criminal cases, but it could not forget that the Investigating Officer placed on file copies of different FIRs, where the accused was charged in narcotic cases---As the accused was convicted in all the cases he was charged in, so it was confirmed that there was bitterness between the two which led to the death of the deceased---Absence or weakness of motive, by itself, was not sufficient to dislodge the case of the prosecution, rather the same could play a role in persuading the mind of the Court for awarding lesser sentence---Circumstances established that the prosecution had proved its case against the accused but the accused did not deserve to be convicted under S. 302(c), P.P.C. instead of S. 302(a), P.P.C.---Appeal was partially allowed and the accused was convicted under S.302(a), P.P.C. and sentenced to fifteen years rigorous imprisonment---Appeal was dismissed with said modification in sentence. Citation Name: 2023 YLR 868 PESHAWAR-HIGH-COURTBookmark this Case IRFANULLAH VS State Ss. 302(a) & 353---Khyber Pakhtun-khwa Arms Act (XXIII of 2013 ), S. 15---Qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, possession of unlicensed arms--- Appreciation of evidence---Sentence, reduction in---Accused was charged for committing murder of on duty Police Official by firing---Both the sides suppressed the real facts and consciously attempted to create an atmosphere of uncertainty---Accused deserved to be punished under S. 302(c), P.P.C. and not under S.302(a), P.P.C.---Appeal was partially allowed and the accused was convicted under S. 302(a), P.P.C. and sentenced to fifteen years rigorous imprisonment---Appeal was dismissed with said modification in sentence. Citation Name: 2023 YLR 868 PESHAWAR-HIGH-COURTBookmark this Case IRFANULLAH VS State Ss. 302(a) & 353---Khyber Pakhtun-khwa Arms Act (XXIII of 2013), S. 15---Qanun-e-Shahadat (10 of 1984), Art.46---Qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, possession of unlicensed arms---Appreciation of evidence---Dying declaration--- Scope--- Accused was charged for committing murder of on duty Police Official by firing---Record showed that the Medical Officer, who provided first aid to the injured at the time of his arrival to the hospital, confirmed that while examining the injured he was capable to talk and the same had been mentioned in the Medico-Legal Certificate---Said Medical Officer was asked as to whether any certificate was provided by him to the local police and as to whether any request was made by the local police in that respect, the Medical Officer replied in affirmative and stated that a written request was made which was duly endorsed by him---Said witness further stated that it was he who opined to the local police regarding the orientation and capability of the deceased then injured to talk---As per record, there was no denial to the fact that the deceased received firearm injuries on the vital parts of his body and that the major organs of his body were injured, but it could not be ignored that the deceased then injured survived for three long days and thereafter breathed his last in the hospital---Attending circumstances of the present case left no ambiguity in mind that the injured was in senses and was fully oriented in time and space---Certificate asked by the police and report tendered by the doctor left no ambiguity that the deceased was capable to talk---Circumstances established that the prosecution had proved its case against the accused but the accused deserved to be convicted under S. 302(c), P.P.C. instead of S. 302(a), P.P.C.---Appeal was partially allowed by setting aside the conviction and the sentence awarded under S. 302(a), P.P.C. and convicted the accused under S. 302(c), P.P.C. to fifteen years rigorous imprisonment---Appeal was dismissed with said modification in sentence. Citation Name: 2023 YLR 868 PESHAWAR-HIGH-COURTBookmark this Case IRFANULLAH VS State Ss. 302(a) & 353---Khyber Pakhtun-khwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, possession of unlicensed arms---Appreciation of evidence---Site plan and report of complainant---Conflict---Accused was charged for committing murder of on duty Police Official by firing---Report of the complainant had twisted the incident---Conflict between the site plan and the report had created the atmosphere of uncertainty--- Mystery prevailed throughout that had created an atmosphere of confusion regarding the exact place and the exact mode of the incident---Report told that soon after reaching to the village on his motorbike, the accused on seeing the deceased fired at him---After receiving firearm injuries, the injured was shifted to the hospital by people of the locality---If it was accepted to what the complainant stated then the blood and empties should have been recovered from the thoroughfare, but these were not---Site plan depicted that the incident occurred inside the maize crop which was of man's height---Spot field was surrounded by many more fields all having maize crops---While preparing the site plan, the Investigating Officer noted that an area of 6×6 feet in the maize crop was trampled as the two had struggled before the deceased was fired at---Said fact was for the prosecution to tell that what brought the two inside the maize crop and that for what purpose---Despite efforts the answer could not be found---Complainant while reporting the matter suppressed the real facts---Had the Investigating Officer recorded statements of the people who shifted the deceased then injured to the hospital, the mystery would have been resolved, but his lack of interest had added much in creating a state of uncertainty which despite efforts could not be resolved---Recoveries effected from inside the field confirmed that the deceased received firearm injuries in the field---However, it was a begging question that what led the two inside the field and that why they engaged in physical struggle which trampled the crop---Said particular aspect of the case led to hold that both the deceased and the accused came forward with twisted facts and as such if on one side the accused was responsible for the death of the deceased then on the other the conduct of the deceased was not above board---Circumstances established that the prosecution had proved its case against the accused but the accused did not deserve to be convicted under S. 302(c), P.P.C., instead of S.302(a), P.P.C.---Appeal was partially allowed by setting aside the conviction and sentence awarded under S. 302(a), P.P.C. and convict the accused under S. 302(c), P.P.C. to fifteen years rigorous imprisonment---Appeal was dismissed with said modification in sentence. Citation Name: 2023 YLR 868 PESHAWAR-HIGH-COURTBookmark this Case IRFANULLAH VS State Ss. 302(a) & 353---Khyber Pakhtun-khwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, possession of unlicensed arms--- Appreciation of evidence---Recovery of crime empties and weapon of offence---Reliance---Scope---Accused was charged for committing murder of on duty Police Official by firing---Record showed that the Investigating Officer dispatched the crime empties collected from the spot along with .30 bore pistol recovered from the possession of the accused, to the firearms expert to ascertain as to whether the collected empties were fired from the recovered pistol---Fire-arms Expert after chemical analysis found that the same were fired from the recovered pistol and in that respect a positive report was submitted---Number of empties collected from the spot confirmed the stance of the complainant as the deceased was having two entry wounds on his abdomen---Safe custody right from collecting the empties from the spot and its dispatch with the recovered weapon to the Firearms Expert had been proved on record---Investigating Officer recorded the statement of all the concerned Police Officials including Muharrir of the concerned police station in whose custody the articles were lying and the Police Official who took the same to the laboratory, they were produced before the Court and their statements were recorded---Both the witnesses were thoroughly examined on material aspects of the case, but they remained consistent throughout---Positive laboratory report was a circumstance that supported the statement of the complainant to a greater extent---Laboratory report, in itself, was not sufficient for convicting an accused charged, but equally true that it could be considered a circumstance in aid to the collected evidence---In the present case, it lurked no doubt that the report of the complainant was fully supported by the positive laboratory report---Circumstances established that the prosecution had proved its case against the accused but the accused deserved to be convicted under S. 302(c), P.P.C. instead of S. 302(a), P.P.C.---Appeal was allowed partially by setting aside the conviction and sentence awarded under S. 302(a), P.P.C. and convict the accused under S. 302(c), P.P.C. to fifteen years rigorous imprisonment---Appeal was dismissed with said modification in sentence. Citation Name: 2023 YLR 868 PESHAWAR-HIGH-COURTBookmark this Case IRFANULLAH VS State Ss. 302(a) & 353---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, possession of unlicensed arms---Appreciation of evidence---Matter was reported to the police with promptitude---Scope---Accused was charged for committing murder of on duty Police Official by firing---Matter was reported to the local police at 03.15 p.m. and it was agitated by the defence that when the report was made after the medical examination then an inference could be drawn that the matter was investigated and later on, after consultation and deliberation, the accused was charged for the death of the deceased---Record showed that both the witnesses i.e. the doctor and the scribe categorically admitted that at the same time, the treatment of the injured was in progress and the Police Official was busy in drafting the murasila---Scribe when appeared before the Trial Court, during his cross-examination, stated that after drafting the murasila and preparation of the injury sheet, the injured was referred to the doctor for his medical examination, but the same alone was not sufficient to discard the report of the deceased then injured, as the injured had no mala fide to falsely implicate the accused for the injuries caused to him---In criminal cases, first the report is made, then the injury sheet is prepared and thereafter, the injured is referred to the doctor for his examination, but said explanation of the scribe could only and only be considered a procedural lapse, which could not overweigh the confidence inspiring report of the complainant---Both the witnesses walked with bona fide had they any mala fide then they would have told the story in the manner that would suit the prosecution---Circumstances established that the prosecution had proved its case against the accused but the accused deserved to be convicted under S.302(c), P.P.C. instead of S.302(a), P.P.C.---Appeal was partially allowed by setting aside the conviction and sentence awarded under S.302(a), P.P.C. and convict the accused under S. 302(c), P.P.C. to fifteen years rigorous imprisonment---Appeal was dismissed with said modification in sentence.

Citation Name: 2023 YLR 868 PESHAWAR-HIGH-COURTBookmark this Case IRFANULLAH vs State Ss — 2023 YLR 868 PESHAWAR-HIGH-COURT

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