State vs KHALID KHAN Ss — 2024 MLD 348 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 MLD 348 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: MLD
Parties: State vs KHALID KHAN Ss
Subject matter: Criminal
Provisions referred to: S. 15---C; S. 417---Q; Khyber Pakhtunkhwa Arms Act (XXIII of 2013); Criminal Procedure Code (V of 1898)

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

State VS KHALID KHAN Ss. 302(b), 311, 200, 201 & 34---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Criminal Procedure Code (V of 1898), S. 417---Qatl-i-amd, tazir after waiver or compounding of right of qisas in qatl-i-amd, using as true such declaration knowing it to be false, causing disappearance of evidence of offence, or giving false information to screen offender, common intention, possession of unlicensed arms--- Appeal against acquittal--- Appreciation of evidence---Accused were charged for committing murder of the deceased by firing---Record showed that there was no direct evidence in the present case---Report was initially lodged by brother of the deceased on 03.11.2019---Time of the occurrence mentioned in the murasila was 03:05 a.m., early hours of the day---SHO deposed that the informer informed him that the respondents-accused were the real culprits---Thus, he arrested both of them on 03.11.2019, i.e. the day of the occurrence---SHO deposed that the information he got was that both had committed the murder in the name of honour---However, said witness admitted that he could not collect any evidence in that regard---Moreover, the major legal heirs of the deceased submitted affidavit before the Trial Court for exonerating the respondents-accused---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against acquittal was dismissed, in circumstances.

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