Citation Name: 2024 PCrLJ 1708 PESHAWAR-HIGH-COURTBookmark this Case Iqbal Shah vs State Ss — 2024 PCrLJ 1708 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 PCrLJ 1708 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: PCRLJ
Parties: Citation Name: 2024 PCrLJ 1708 PESHAWAR-HIGH-COURTBookmark this Case Iqbal Shah vs State Ss
Subject matter: Criminal
Provisions referred to: S. 161

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

Citation Name: 2024 PCrLJ 1708 PESHAWAR-HIGH-COURTBookmark this Case Iqbal Shah VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Dishonest improvements by witnesses---Consequential---Accused was charged that he along with his co-accused committed murder of the uncle of complainant by firing---Motive was disclosed as previous blood feud with the accused---Admittedly, only names of two witnesses were mentioned in the FIR as eye-witnesses without disclosing the purpose for which they were shown in surrounding of the spot, as such, the matter was deliberately left open for the eye-witnesses to explain and justify their presence at the place of occurrence in any manner of their choice---Had eye-witness "J" witnessed the occurrence, the complainant would have mentioned the purpose of his presence on the spot---Introduction of the said purpose at subsequent stage by complainant stating that "J" was going for offering Asr prayer, appeared to be deliberate and intentional---Defence had confronted both the eye-witnesses with their statement under S.161, Cr.P.C. for highlighting the dishonest improvements made by them on their appearance in the dock---As dishonest intention of both the eye-witnesses behind their mendacious improvements could easily be gathered from the record, therefore they had lost their credibility---Appeal against conviction was allowed accordingly.

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