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---K; S. 26

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---Khyber Pakhtunkhwa Police act (II of 2017), S.26(B), Second proviso---Qatl-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---Unauthorized Investigating Officer---accused was charged for committing murder of the brother of a witness during haraabah---allegedly, investigation was conducted by complainant, an Investigation Head Constable, who had no legal authority to investigate the murder case---as per second proviso to subsection (3) of S.26 of the Khyber Pakhtunkhwa Police act, 2017, cases of murder and such other offences as determined by Provincial Police Officer shall be investigated by an officer of the rank of Inspector and where an Inspector is not available, the investigation shall be conducted by an officer not below the rank of Sub-Inspector duly authorized by the District Police Officer---It was not understandable that why the instant murder case was investigated by a Head Constable in absence of explanation of compelling circumstances which clearly vitiated the investigation---appeal against conviction was allowed, in circumstance.

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