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

Case information

Citation
2025 YLR 1121 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2025
Reporter
YLR
Parties
Rustam vs State Ss
Subject matter
Criminal
Provisions referred to
S. 7---K; S. 15---Q

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

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---Medical evidence supporting prosecution's case---accused were charged for committing murder of the maternal cousin of complainant by firing---Medical evidence furnished by Medical Officers supported the prosecution's case---as per opinion of Medical Officer, who conducted autopsy on the dead body of the deceased, the deceased met his unnatural death due to firearm injuries to various parts of his body on right side---So far as blackening on the shalwar as noticed by the Medical Officer was concerned, in the site plan the distance between place of appellant "R" and place of deceased was shown as four feet---appellant "R" was in possession of SMG rifle at the time of occurrence---Thus keeping in view length of the SMG rifle as well as stretching of hands by appellant "R" at the time of firing, there was strong possibility of blackening over the shirt of the deceased---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.

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