Citation Name: 2024 YLR 1986 PESHAWAR-HIGH-COURTBookmark this Case NAWAZ kHAN alias Murgha vs State Ss

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Citation Name: 2024 YLR 1986 PESHAWAR-HIGH-COURTBookmark this Case NAWAZ kHAN alias Murgha VS State Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Motive not proved---Accused was charged for making firing upon the complainant, due to which nephew of the complainant was hit and died whereas the complainant remained safe---Motive behind the occurrence was that the accused wanted what he termed as friendship with the deceased which he had declined---Complainant stated in the FIR that the accused liked the deceased; he urged the deceased to keep company with him---Deceased was not willing to do so---Complainant reiterated motive part of the occurrence in his deposition---Investigating Officer stated that he asked about the motive from the people in the locality which was confirmed---However, Investigating Officer didn't record the statement of any witness to elicit its proof---Meaning thereby that no independent evidence came forth---Prosecution had failed to bring on the record independent evidence to substantiate the motive---Nature of the motive is such that generally people avoid talking about it publically and, moreso, in a court of law---Deceased was a young handsome teenage boy of 12/13 years, that was undisputed, but, on balance, the accused, too, was a young late teenage boy---Urge of accused was absolutely not justified---Given his mental immaturity, the event preceding the incident appeared to have flared up his emotions induced by displeasure which led to rob him of the power of self-control---Circumstances established that the prosecution had proved its case against the accused, however due to some mitigating circumstance, conviction was maintained but death sentence was converted into life imprisonment---Appeal was dismissed with such modification in sentence.

Citation Name: 2024 YLR 1986 PESHAWAR-HIGH-COURTBookmark this Case NAWAZ kHAN alias Murgha vs State Ss — 2024 YLR 1986 PESHAWAR-HIGH-COURT

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