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---Qanan-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, attempt to commit qatl-i-amd, possession of illegal weapon---Appreciation of evidence---Mode and manner 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---From the peculiar facts and circumstances of the case i.e. not disclosing the exact place of occurrence by the complainant and recovery of blood of the deceased and empties from inside the house of the accused, were strong facts from existence of which it could be inferred that the occurrence had not taken place in the mode and manner as alleged by the complainant rather in some other mode which had been concealed---Under Article 129 of the Qanun-e-Shahadat 1984, Court many presume existence of certain facts which it think, likely to have happened, regard being made to the common course of natural events, human conduct and public and private business in their relation to the facts of the particular case---Appeal against conviction was accordingly allowed.

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