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Ijaz Ullah vs Shireen Zada Ss — 2024 PCrLJ 1370 PESHAWAR-HIGH-COURT

Case information

Citation
2024 PCrLJ 1370 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
PCRLJ
Parties
Ijaz Ullah vs Shireen Zada Ss
Subject matter
Criminal
Provisions referred to
S. 417; 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

Ijaz Ullah VS Shireen Zada Ss. 302(b) & 34---Criminal Procedure Code (V of 1898), S.417(2-A)---Qatl-i-amd, common intention---Appeal against acquitted---Appreciation of evidence---Presence of the complainant at the time and place of occurrence not proved---Accused were charged for committing murder of the father of complainant by inflicting hatchet blows---Allegedly, the complainant and his mother were attracted to the spot upon hearing the noise of the quarrel of deceased with accused persons---As per site plan, the distance between the house of the complainant and the place of occurrence was shown as 30/40 yards---Thus,it was next to unbelievable that a person at a distance of 30/40 yards could be able to hear the report of noise/hue and cry from a considerable distance---If the complainant/eye-witness had been around the scene of occurrence and being emptyhanded, his natural behavior should be to rush to the victim/his injured father and attempt to rescue him either for first-aid or to rush with him to the hospital---Natural behavior of son would be to take his father at least in his lap and in this exercise of first-aid, his garments should have been besmeared with the blood of the victim---Strong circumstantial evidence was the blood stained garments of the witness, which had either not been delivered by the witness to the Investigation Officer or it had not been asked for its collection by the Investigation Officer, as such, the subject circumstantial evidence was not part of the investigation---On such score the very presence of the complainant at the fateful time was tainted with doubt---Appeal against acquittal was dismissed accordingly.

Other judgments reported in 2024 PCRLJ

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