Citation Name: 2024 YLR 2193 PESHAWAR-HIGH-COURTBookmark this Case Zafran vs State Ss

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Citation Name: 2024 YLR 2193 PESHAWAR-HIGH-COURTBookmark this Case Zafran VS State Ss. 302(b) & 324---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd, attempt to commit qatl-i-amd, possession of illegal weapon---Appreciation of evidence---Dishonest and deliberate improvements made by eye-witness---Accused was charged that he made firing upon the complainant party, due to which nephew of the complainant was hit and died whereas complainant remained unscathed---Eye-witness of the occurrence though had verified report of the complainant, but his name was not mentioned therein as an eye-witness---Besides, said witness, in his statement under S.161, Cr.P.C. had not disclosed the exact "place of occurrence" however, in his Court statement he introduced events as introduced by the complainant so as to bring his testimony in line with him---Eye-witness deposed that on the fateful day he along with other witness, deceased and complainant went to the house of the accused for complaining against quarrel between the children and in the meanwhile the accused pulled out a pistol and fired at them, as a result, deceased got hit and died on the spot---In cross-examination, said witness stated that in his statement under S.161, Cr.P.C., he had not mentioned the date and time of occurrence---Said witness had also not mentioned the date and place of quarrel between the children, and the quarrel between the children was also not reported to police---None of the said children was produced before the police---At the time of occurrence eye-witness was standing outside the house adjacent to the door---Testimony of said witness which suffered from deliberate and dishonest improvements was not sufficient for recording conviction against the accused, that too, in a capital charge---Appeal against conviction was accordingly allowed.

Citation Name: 2024 YLR 2193 PESHAWAR-HIGH-COURTBookmark this Case Zafran vs State Ss — 2024 YLR 2193 PESHAWAR-HIGH-COURT

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