Rustam vs State Ss — 2025 YLR 1121 PESHAWAR-HIGH-COURT

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Rustam VS State Ss. 302(b), 324 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Khyber Pakhtunkhwa arms act (XXIII of 2013), S. 15---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, possession of illicit weapon, act of terrorism---appreciation of evidence---Circumstantial evidence---Scope---accused were charged for committing murder of the maternal cousin of complainant by firing---Bloodstained last worn garments of the deceased and blood secured from the spot from the place of the deceased were also sent to the Forensic Science Laboratory and in that regard Serologist report revealed that it was human blood and of the same group---all these strong circumstantial pieces of evidence fully corroborated the ocular account of the eye-witnesses, but at the same time drew a clear line of distinction between the roles of the two appellants---appellant "R"was shown at point No.4 which was on right side of the deceased---Bullet marks were also visible on right side of the motorcar in the photographs---Crime empty recovered from the place of appellant "R" matched with the SMG rifle, an official weapon allotted to him for his duty---Blood and urine of the appellant "R" was also obtained by the Investigating Officer and sent to laboratory for analysis of intoxication---Report in that regard was in positive, meaning thereby that at the time of occurrence appellant "R" was intoxicated---Report with regard to urine and blood of appellant "RU" for the purpose of intoxication was in negative---Thus, appellant "R"was the actual perpetrator---No bullet mark was found on the motorcar of the deceased from back side where presence of appellant "RU" was shown in the site plan at the time of occurrence---Similarly, the deceased had also not received any injury from back side---Circumstances established that the prosecution had proved murder of the deceased by appellant "R" through cogent and confidence inspiring direct evidence corroborated by strong circumstantial evidence and supported by medical evidence---appeal against conviction filed by appellant "R" was dismissed accordingly.

Rustam vs State Ss — 2025 YLR 1121 PESHAWAR-HIGH-COURT

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