Citation Name: 2024 YLR 427 PESHAWAR-HIGH-COURTBookmark this Case HUMAYUN vs HABIB-UR-REHMAN Ss — 2024 YLR 427 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 YLR 427 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: YLR
Parties: Citation Name: 2024 YLR 427 PESHAWAR-HIGH-COURTBookmark this Case HUMAYUN vs HABIB-UR-REHMAN Ss
Subject matter: Criminal

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 427 PESHAWAR-HIGH-COURTBookmark this Case HUMAYUN VS HABIB-UR-REHMAN Ss. 302(b), 324, 337-F(iii), 427, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr - jaifah - hashimah, mischief causing damage to the amount of fifty rupees, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Motive not proved---Accused were charged that they made firing upon the complainant party, due to which three persons died while complainant sustained fire arm injuries---Motive was alleged to be a dispute over landed property---Record showed that the parties had resolved their differences through elders of the locality many years earlier to the present incident and that the Investigating Officer did not record statement of independent witness in that regard---As in the previous episode, seven accused of the same family were charged, so it was essential for the prosecution to have brought on record the individual interest of every individual accused in the landed property, which was allegedly shown as the subject matter of dispute---Record was silent that which accused had what interest and in such eventuality, there was no common object with the accused to come to the place of incident duly armed---When the prosecution failed to convince on that particular aspect of the case, the alleged motive could not be proved on record---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was accordingly allowed.

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