Citation Name: 2024 YLR 1860 PESHAWAR-HIGH-COURTBookmark this Case Iqbal-ud-Din vs State S

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Citation Name: 2024 YLR 1860 PESHAWAR-HIGH-COURTBookmark this Case Iqbal-ud-Din VS State S. 324---attempt to commit qatl-i-amd---appreciation of evidence---Ocular account supported by medical evidence---Sentence reduction in---Spur of the movement occurrence---Non- repetition of fire shot---accused was charged for making firing upon the complainant party, due to which the complainant sustained firearm injuries ---Ocular account of the occurrence had been furnished by injured complainant and his brother---Former while appearing in the witness box reiterated the same story as set forth by him in his initial report---Complainant once again directly and singularly charged the accused for commission of the offence---Similarly, being a broad day light occurrence and accused being father-in-law of the complainant, question of mistaken identity also did not arise---Complainant having stamp of injury on his person, his presence at the spot could not be doubted---Recovery of blood from the place of the injured, his bloodstained garments and positive Serologist Report in respect thereof corroborated the ocular account of the prosecution's case---Similarly, medical evidence furnished by Medical Officer also supported version of the injured complainant---Testimony of other witness, who was also an eye-witness of the occurrence, corroborated the ocular account furnished by injured complainant---Said witness was brother of t he injured complainant and his visit to the house of accused along with complainant so as to finalize the arrangement for marriage of the complainant with the daughter of the accused seemed quite natural---Said witness deposed that when they reached the place of occurrence an altercation (exchange of hot words) took place between the accused and the complainant during which course the accused opened fire at them, as a result, complainant got hit and sustained injury---Injured was shifted to DHQ Hospital where he reported about the occurrence in injured condition and he verified the same---Both the eye-witnesses had been subjected to lengthy and taxing cross-examination by the defence but nothing beneficial could be extracted from their mouths---Said witnesses stuck to their stance and corroborated each other on all material particulars of the occurrence such as the day, date, time and place of occurrence as well as mode and manner of the occurrence---Nothing of the sort had been brought from their mouths so as to suggest false implication of the accused for some ulterior motive---Circumstances established that the prosecution had proved its case beyond shadow of doubt, however occurrence took place at the spur of moment and the accused in the heat of passion opened fire at the complainant party, as a result, complainant sustained injury on his neck---Complainant had not attributed the role of repetition of firing to the accused---Similarly, except injury on his neck, complainant had not stated about any injury sustained by him on his chest or any other part of his body---In that view of the matter, conviction of the accused under Section 324, PPC was maintained, however, his sentence was reduced from five years rigorous imprisonment to three years rigorous imprisonment---appeal was disposed of with modification in sentence, in circumstances.

Citation Name: 2024 YLR 1860 PESHAWAR-HIGH-COURTBookmark this Case Iqbal-ud-Din vs State S — 2024 YLR 1860 PESHAWAR-HIGH-COURT

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