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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---Natural witness---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---Record showed that the complainant was not asked any question under cross-examination that his visit to his fields at the relevant time was not practiced as a part of traditional behaviour or way of life of the local community---Investigating Officer also collected no such evidence, nor was he cross-examined in that connection---Evidence demonstrated that the village of the complainant party was situated at a distance of about 02 kilometers, a short distance, indeed---Mere fact that people would not go out at that point of time and that the complainant party had gone out could not be seen as an act casting doubt on the very happening of the incident---Then, question would arise as to why the complainant would charge the accused falsely when, as per his own deposition, he stated to have no enmity with the accused or even other persons in his village---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.

Other judgments reported in 2024 YLR

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