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---Injured not produced for evidence---accused were charged for committing murder of two persons of the complainant party and also causing firearm injuries to three persons---Prosecution got examined only two witnesses out of the injured, but interestingly the Trial Court convicted and sentenced the appellants for the injuries caused to all the injured whether examined or not examined---Trial Court committed an illegality while convicting the appellants for the injuries caused to the injured who did not appear before the Trial Court and that by doing so, the appellants had not been treated in accordance with law---as the injuries of the injured were attributed to specific accused, so under those circumstances the Trial Court should have dealt with the matter in accordance with the allegations levelled and in accordance with the role played by each accused---Once an injured witness did not appear before the Trial Court in support of his claim, then no conviction could be awarded for the injury caused to him---Circumstances established that the prosecution failed to bring home guilt against the appellants---appeal against conviction was allowed accordingly.

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