Syed Nabi Shah vs State Ss — 2025 YLR 1752 PESHAWAR-HIGH-COURT

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Syed Nabi Shah VS State Ss. 302(b), 324 & 34---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Statement of father of deceased recorded under S.164, Cr.P.C not convincing---Accused were charged for committing murder of the deceased by firing and also causing fire arm injuries to the complainant---Record showed that the father of the deceased recorded his statement under S.164, Cr.P.C, where he charged the appellant and another for the murder of the deceased, but admittedly he was not the eye-witness of the occurrence---Said witness put his appearance before the Trial Court, his statement was recorded, but he could not convince regarding the alleged motive---Said witness tried his level best to convince about the inter-se relationship between the parties and also regarding the interest of the appellant, who was claiming the hand of the deceased, but when that witness was cross-examined, he failed to answer satisfactorily and as such, his conscious attempts reacted back over the genuineness of his statement and over his credibility as a witness---Said witness stated that the marriage of the deceased was solemnized three (03) years before the occurrence and the spouses were blessed with a daughter, but the witness could not convince that why the appellant waited for three years and why the spouses were allowed to live a happy life for such period---Said witness further explained that because of close relationship, the appellant was on visiting terms and that he visited his house till the incident occurred---If the said witness knew the intention of the appellant, then why he permitted the appellant to visit his house---Introduction of this witness was to fill up the lacuna, but he failed to fetch the desired results---Appeal against conviction was allowed, in circumstances.

Syed Nabi Shah vs State Ss — 2025 YLR 1752 PESHAWAR-HIGH-COURT

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