Shabbir Hussain vs State S — 2025 YLR 2101 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 YLR 2101 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: YLR
Parties: Shabbir Hussain vs State S
Subject matter: Criminal
Provisions referred to: S. 302

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

Shabbir Hussain VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Presence of the witnesses at the time and place of occurrence proved---Accused was charged for committing murder of the brother of complainant by firing---Complainant and an eye-witness furnished ocular account of the incident---Scope---Complainant stated that on the day of incident, he along with the eye-witness was present in the street, infront of his house---Deceased was proceeding towards the house of the appellant and on reaching near his house, the appellant fired at him with a pistol in his possession---Accused decamped from the spot, they rushed to the deceased, the dead body was shifted to the hospital and the matter was reported---Eye-witness confirmed the report of the complainant and also explained the circumstances in which the unfortunate incident occurred---No denial to the fact that both the parties, during the days of incident, were residing in the same street and, that it was the complainant and the eye-witness, who shifted the dead body of the deceased from the spot to the hospital---As both the parties were not related to each other and as nothing was brought on record showing their ill-will, so the presence of the witnesses near the place of incident or at the place of incident at the stated time was natural---Circumstances established that the prosecution succeeded in bringing home guilt against the appellant---Appeal against conviction was dismissed, accordingly.

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