Khayal Bacha vs Ijaz Hussain Ss — 2024 YLR 2147 FEDERAL-SHARIAT-COURT

Case information

Citation: 2024 YLR 2147 FEDERAL-SHARIAT-COURT
Court: Federal Shariat Court
Year: 2024
Reporter: YLR
Parties: Khayal Bacha vs Ijaz Hussain Ss
Subject matter: Criminal
Provisions referred to: S. 17; S. 15---Q; S. 161; S. 164

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

Khayal Bacha VS Ijaz Hussain Ss. 302(b), 427, 468 & 471---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(4)---Khyber Pakhtunkhwa arms act, (XXIII of 2013), S. 15---Qatl-i-amd, mischief and thereby causing loss or damage to the amount of fifty rupees or upwards, forgery, using as genuine a forged document, haraabah, possession of illegal weapon---appreciation of evidence---Implication on basis of supplementary statement---accused was charged for committing murder of the brother of a witness during haraabah---as per record, it was an unseen occurrence---Crime report was lodged against un-identified assailants---after lapse of seven days of the occurrence, on 23rd of February, 2023, brother of the deceased recorded statement under S.161, Cr.P.C, wherein he charged unknown assailants for murder of his brother---However, Such witness implicated the accused on 6th March, 2023, by way of supplementary statement recorded under S.164, Cr.P.C, for commission of murder of deceased by the accused and snatching a vehicle which was abandoned on a Motorway---admittedly, the said supplementary statement was not exhibited in evidence---Thus, implication of accused by way of supplementary statement on behalf of brother of the deceased could not advance the plea of prosecution even to connect the said accused in the commission of crime---Said statement had no legal value and sanctity being hearsay, as such nomination of the accused in supplementary statement could not be taken into consideration---appeal against conviction was allowed, in circumstance.

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