QUTAB KHAN vs State Ss — 2024 PCrLJ 516 PESHAWAR-HIGH-COURT

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QUTAB KHAN VS State Ss. 324 & 337-F(ii)---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Attempt to commit qatl-i-amd, ghayr-jaifahbadi'ah, possession of illicit weapon---Appreciation of evidence---Ocular account of the occurrence proved---Accused was charged for causing firearm injuries to the brother of the complainant---Ocular account of the incident had been furnished by complainant and injured---Complainant narrated nearly the same story in his examination in chief as he had told in the murasila---Said witness pointed out the crime scene to the police and a site plan was prepared---Police recovered blood and one empty of 30-bore pistol from the spot---Complainant endorsed the memo of recoveries of the said articles as well as the signature of witness thereon---Said witness also stated the motive of the occurrence was suspicion of the accused that the victim had illicit relationship with his wife---Close reading of his cross-examination revealed that the defence failed to create substantial dent in his testimony---Victim in his examination in chief deposed that he and his brother/complainant went to bazaar, while they reached a hotel, the accused there stated something to him, which he did not understand, and with his pistol, fired at him which hit his neck and then he became unconscious---Substantial parts of his statement i.e. the presence of the accused, uttering of certain words by the accused, the firing of the accused at him with a pistol, with which he got injured, were not successfully upset in the cross-examination---Occurrence took place in broad day light, in presence of the eye-witnesses---Accused was known to the complainant party---Both the complainant and eye-witnesses furnished plain, direct and cogent evidence to support the charge---Circumstances established that the prosecution had successfully proved the charge leveled against the accused---Appeal against the conviction was accordingly dismissed.

QUTAB KHAN vs State Ss — 2024 PCrLJ 516 PESHAWAR-HIGH-COURT

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