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---Statement of complainant and site plan---Confliction---accused were charged for committing murder of two persons of the complainant party and also causing firearm injuries to three persons---Site plan was prepared on the pointation of a witness but astonishingly the said witness was not produced, so the evidentiary value of that witness had lost its utility---admittedly, the complainant in his report charged the accused for indiscriminate firing and no specific role was given---In the site plan every accused was charged for a specific injury caused and every accused was shown duly armed---So when the site plan, that too, verified from the complainant was juxtaposed with the report of the complainant, no ambiguity was left that they were in conflict---Once the complainant verified the prepared site plan, he admitted the same as correct, so the conflict between the site plan and the report questioned the integrity and reliability of such witness---Circumstances established that the prosecution failed to bring home guilt against the appellants---appeal against conviction was allowed accordingly.

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