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

Case information

Citation: 2024 YLR 1986 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: YLR
Parties: Citation Name: 2024 YLR 1986 PESHAWAR-HIGH-COURTBookmark this Case NAWAZ kHAN alias Murgha 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

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---Delay in lodging FIR plausibly explained---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---Arrangement of the vehicle was a time-consuming effort---Locality was typically a rural one---Distance between the crime scene and the hospital as the complainant had told, was 08/10 miles (approximately 12-16 kilometers)---There was no hard and fast rule that delay in lodging the report would automatically render the prosecution case doubtful unless there was sufficient evidence indicating consultation and deliberation---Time spent in arrangement of a vehicle vis-à-vis the distance between the crime scene and the hospital made the delay natural---Needless to state that anyone, especially a close relative, a fact in the case in hand, who witnesses a murder couldn't be expected to act mechanically with more than reasonable promptitude---So, the delay not being tainted with mala fide, deliberation and consultation, wouldn't negatively impugn the veracity of the prosecution case---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.

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