MUQADAR KHAN vs State Ss — 2024 PCrLJ 229 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.

MUQADAR KHAN VS State Ss. 302(b), 324, 337-F(ii) & 34---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah damihah, common intention---Appreciation of evidence---Natural witnesses---Presence of the witnesses at the time and place of occurrence not doubtful---Accused was charged for firing upon complainant and his nephew with his pistol resulting into injuries on their bodies; injuries sustained by complainant proved fatal because of which he subsequently died---Injured witness, who was victim of the same occurrence and verified the dying declaration by signing the same in hospital, reiterated the same facts as emerging from FIR---Presence of said witness on the spot at the time of occurrence could not be doubted in view of firearm injuries on his person because of which he was shifted to DHQ hospital for medical treatment along with the deceased at the same time though through a separate vehicle---Said witness was attracted to the spot on hearing commotion in the street where he found the deceased and accused indulging in a fight with each other---Said witness tried to separate them but the accused opened fire resulting into injuries on him as well as deceased---During cross-examination said witness stated that when he came out, the deceased and accused were fighting with each other which continued for 4/5 minutes---Although Investigating Officer had not shown the house of the injured witness in the site plan, however, that omission on the part of Investigating Officer was not sufficient to damage the version of injured eye-witness when admittedly he was nephew of the deceased and his house was situated in the same vicinity as reflected from his answers to various questions put to him by defence during his cross-examination---Stamps of firearm injuries on the person of injured were sufficient to establish his presence on the spot and there was no reason to discredit his statement, being honest, straight-forward, natural and having ring of truth---Other eye-witness was a natural eye-witness of the occurrence as he was son of the deceased and the occurrence had taken place in front of his house---Deceased then injured, at the time of lodging the report, duly mentioned said witness and his other son as eye-witnesses of the occurrence---Circumstances established that the prosecution had proved its case against the accused beyond shadow of doubt--- Appeal against conviction was accordingly dismissed.

MUQADAR KHAN vs State Ss — 2024 PCrLJ 229 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2024 PCRLJ