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

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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---Case of free fight---accused were charged for committing murder of two persons of the complainant party and also causing firearm injuries to three persons---Investigating Officer during spot inspection collected an empty, a live cartridge and a misfired cartridge of 222 bore; similarly an empty, a live cartridge and a misfired cartridge of .30 bore; along with an empty of 12 bore, but he could not collect more empties from the spot since, as many as 11 accused were charged---Had all the accused fired, then the Investigating Officer would have collected many empties from the spot and the deceased as well as the injured would have received multiple firearm injuries---apart from the empties, live and misfired cartridges were collected from the spot, so the same indicated that both the parties entered into a free fight followed by the firing---Parties assaulted each other, but the witnesses remained silent on that particular aspect of the case---When the Investigating Officer put his appearance before the Court, he confirmed that during spot inspection, he noticed the marks of struggle and this confirmation had confirmed free fight between the parties---Circumstances established that the prosecution failed to bring home guilt against the appellants---appeal against conviction was allowed accordingly.

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

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