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

Case information

Citation
2024 PCrLJ 229 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
PCRLJ
Parties
MUQADAR KHAN vs State Ss
Subject matter
Criminal

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

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---Night time occurrence---Source of light established---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---Though the occurrence had taken place during nocturnal hours but Investigating Officer had taken into possession an energy saver bulb from the gate of the deceased's house in front of which the occurrence had taken place---Hence, there was no apprehension of misidentification of the accused by both the eye-witnesses---Though the defence had put a suggestion to both the eye-witnesses that there was storm at the time of occurrence because of which electricity was disconnected, however, the occurrence had taken place because of disconnection of electricity at the house of accused and for the said reason he had come to the house of deceased---Had the power shut down happened because of storm and heavy rain at the relevant time, the unfortunate incident would have never taken place as in that eventuality the accused would have no justification to enter into a fight with the deceased---Circumstances established that the prosecution had proved its case against the accused beyond shadow of doubt---Appeal against conviction was accordingly dismissed.

Other judgments reported in 2024 PCRLJ

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