JAN MUHAMMAD vs State Ss — 2024 PCrLJ 585 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 PCrLJ 585 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: PCRLJ
Parties: JAN MUHAMMAD 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

JAN MUHAMMAD VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Recovery of weapon of offence from the accused---Reliance---Accused were charged for committing murder of the father of the complainant by firing---Case of prosecution had further been strengthened by the recovery of crime weapon i.e. pistol from the accused Mr. "J"---At the time of lodging the FIR, the accused Mr. "J" produced 30 bore pistol allegedly belonging to him and one .30 bore pistol without number belonging to the deceased---However, during investigation, it was found that license was issued to the deceased against 30 bore pistol while .30 bore pistol without number belonged to the accused---Investigating Officer recovered 07 empties of .30 bore from point 'A' & 'B' and 03 empties of .30 bore from point 'D' in the site plan---Empties and the .30 bore pistols were sent to the Forensic Science Laboratory---According to report one 30 bore empty was fired from .30 bore pistol having number while nine 30 bore crime empties were fired from .30 bore pistol No. Nil---Said fact showed that the accused Mr. "J" made indiscriminate firing at the deceased while the deceased in retaliation made a single fire shot at the accused Mr. "J" who also got injured---Prosecution had successfully established the charge to the extent of main accused Mr. "J" through cogent, consistent and confidence inspiring evidence---Appeal against conviction to the extent of said accused was accordingly dismissed.

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