MUHAMMAD RAFIQ vs State S — 2024 MLD 521 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 MLD 521 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: MLD
Parties: MUHAMMAD RAFIQ vs State S
Subject matter: Criminal
Provisions referred to: S. 497; S. 161; Penal Code (XLV of 1860)

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

MUHAMMAD RAFIQ VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-i-amd, common intention---Bail, grant of---Further inquiry---Incident occurred at 11:20 hours, whereas the matter was reported at 13:40 hours and the Police Station was situated at a distance of 3/4 kilometers from the spot---Though the deceased then injured was allegedly taken to the Civil Hospital and first aid was provided, but surprisingly the Medico-Legal Report was not prepared and the deceased was allegedly referred to D.H.Q Hospital---Where the deceased was initially taken, it had its own reporting center, but the matter was not reported there---Complainant introduced one constable, who allegedly asked the injured regarding the culprits and that the deceased then injured disclosed the petitioners as the culprits, but the said Constable when examined under S.161, Cr.P.C, did not mention the same---Record was silent regarding the initial examination of the deceased then injured and his capability to talk---No denial to the fact that the deceased received one firearm injury for which two real brothers were charged and it was yet to be determined by the trial Court that whose fire shot proved fatal, as the injury caused did not commensurate with the number of accused---Petitioners were admitted to bail, in circumstances.

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