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---Place of occurrence 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---Complainant in his report had mentioned "BA" as the place of occurrence---Contrarily, in the site plan, the place of occurrence was shown in the court yard of the house of the accused---Author of Murasila, in cross-examination, had admitted that place of occurrence in the Murasila was mentioned as "BA"---Investigating Officer in his cross-examination had categorically stated that "BA" was a village consisting of many houses; that in the FIR complainant had not specifically mentioned the place of occurrence---Complainant while appearing as witness tried his level best to cover the anomaly and flaw in his report with regard to the place of occurrence---Complainant deposed that deceased was his nephew---On the eventful day i.e. 24.05.2021, complainant along with deceased and witnesses went to the house of the accused to complain about the quarrel in between their children---In the meanwhile the accused pulled out pistol and fired at them, as a result, deceased got hit and died at the spot---Complainant and witnesses shifted dead body of deceased to civil hospital---On the pointation of complainant, the Investigating Officer prepared site plan---However, in cross-examination the complainant admitted that he had not stated in the report about their visit to the house of the accused and pulling out of pistol by the accused there---In his report complainant had not mentioned that they shifted the dead body to civil hospital---Complainant had not mentioned in his report the names of eye-witnesses---Names of the children who had quarreled prior to the occurrence had also not been mentioned by complainant in his report---No report was lodged about the quarrel of the children---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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