Aurangzeb vs State Ss — 2025 YLR 1702 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 YLR 1702 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: YLR
Parties: Aurangzeb vs State Ss
Subject matter: Criminal
Provisions referred to: 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

Aurangzeb VS State Ss. 302(b), 324, 337-a(iii), 337-F(iii), 337-F(iv), 337-F(v), 148 & 149---Khyber Pakhtunkhwa arms act (XXIII of 2013), S. 15---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-hashimah, ghayr-jaifah-mutalahimah, ghayr-jaifah-mudihah, ghayr-jaifah-hashimah, rioting armed with deadly weapons, unlawful assembly, possession of illicit weapon---appreciation of evidence---Motive not proved---accused were charged for committing murder of two persons of the complainant party and also causing firearm injuries to three persons---Motive was allegedly an earlier quarrel between the parties, when the crop of the complainant party was damaged---So this Court had to see that what interest all the accused had in the property and in whose ownership the property was---as nothing was brought on record by the witnesses to substantiate their claim of the property, and as the Investigating Officer could not collect revenue record in that respect, so the High Court was inclined to hold that the complainant could not succeed in proving his property on the spot and once it got established that they had no property near or at the place of occurrence, then the participation of all the accused and the visit of the complainant on his property did not appeal to a prudent mind---Circumstances established that the prosecution failed to bring home guilt against the appellants---appeal against conviction was allowed accordingly.

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