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

Case information

Citation: 2024 YLR 2193 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: YLR
Parties: Citation Name: 2024 YLR 2193 PESHAWAR-HIGH-COURTBookmark this Case Zafran vs State Ss
Subject matter: Criminal
Provisions referred to: S. 15---Q; Khyber Pakhtunkhwa Arms Act (XXIII of 2013)

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 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---Recovery of weapon of offence on the pointation of accused doubtful---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---Regarding recovery of pistol 30-bore on the pointation of the accused from room of his house, recovery of two empties of .30 bore from the spot and positive Forensic Science Laboratory Report, no private witness had been associated with the recovery proceeding---Besides, no evidence had been brought on record by the prosecution to prove the house and the room to be in the ownership of the accused or in his sole occupation---In that view of the matter, plantation of the pistol against the accused to make the prosecution's case strong could not be ruled out of consideration---Appeal against conviction was accordingly allowed.

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