NASEEM ULLAH vs State S — 2024 MLD 27 PESHAWAR-HIGH-COURT

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

NASEEM ULLAH VS State S. 497---Penal Code (XLV of 1860), Ss. 324, 337-G & 34---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Attempt to commit qatl-i-amd, hurt by rash or negligent driving and common intention and possessing arms without license---Bail, refusal of---Injury on vital part of body---Offence falling in prohibitory clause of S. 497 of Criminal Procedure Code, 1898---Allegation against the petitioner/accused was that first he collided his car with the brother of the complainant ('victim'); then he, along with co-accused, de-boarded from car and stabbed the victim with a knife with intention to kill him and caused injuries on his head---Tentative assessment of record of the present case revealed that petitioner/accused had been directly charged in the FIR with a specific role of having caused knife blows to the victim on his head which was a vital part of the body---Petitioner/accused had also been charged for tearing clothes of the victim---On search of the car, incriminating articles (knife and two chargers containing 20 rounds of 7.62 bore rifle) had been recovered---Site plan showed the presence of the petitioner/accused on the spot while observation in the medical report showed that knife blows had been inflicted to the victim on his head, which tentatively linked him with the commission of the offence---Motor Vehicle Examiner had, significantly, found no mechanical fault in the car in which the petitioner/accused was sitting which was initially stated to have collided with the victim---Complainant not only brought on record two FIRs with almost similar offences uncovering previous enmity between the parties, but also asserted that while the parties appeared before the Trial Court for a hearing in the present case, some relatives of the petitioner/accused had chased the complainant party---There was no question of misidentification of the petitioner/accused as the occurrence had taken place on broad daylight---Punishment provided for offence for attempt to commit murder was hit by the prohibitory clause of S. 497 of Criminal Procedure Code, 1898---Bail was declined to the petitioner/ accused, in circumstances.

NASEEM ULLAH vs State S — 2024 MLD 27 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2024 MLD