PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

Syed Farman Ali shah vs Mian Syed Wahab Bacha Ss — 2024 MLD 1055 PESHAWAR-HIGH-COURT

Case information

Citation
2024 MLD 1055 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
MLD
Parties
Syed Farman Ali shah vs Mian Syed Wahab Bacha Ss
Subject matter
Criminal

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

Judgment text as reported

Syed Farman Ali shah VS Mian Syed Wahab Bacha Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Common intention not proved---Accused were charged that they entered into the Hujra of complainant and committed murder of his son by firing---Motive for the occurrence was stated to be the property dispute---Admittedly, complainant was real paternal uncle of the accused persons---No evidence was on record to suggest any previous bitterness of serious nature between the parties prior to the occurrence,therefore, in view of their close relationship with each other, mere joint entry of the accused in the Hujra could not be viewed with suspicion that there was pre-concert or pre-arrangement between them for commission of the offence---No doubt, there was motive of dispute over share of the accused in the Hujra where the occurrence took place, however, the common motive of both the accused alone was not sufficient to prove that the accused and his co-accused had entered the Hujra in furtherance of their common intention for committing the murder of deceased---No evidence was on record to prove that any pre-consultation or pre-planning had taken place between both the accused before the occurrence nor the said elements could be inferred from the surrounding facts of the case---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2024 MLD

Back to the case-law library · Search Pakistani case law in Urdu or English