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---Motive proved---Accused was charged for committing murder of the brother of complainant by firing---True that the motive was not known to the eye-witness and that he did not caution the deceased regarding the intention of the appellant, but as the motive was given as an altercation between the appellant and the deceased few days before the incident, so the witness was not of the view that the appellant would kill the deceased, as intention of the appellant could not be gathered by the eye-witness may be for the reason that the altercation was not so harsh---If the complainant had any mala fide to charge the appellant, then on the very day of the incident, he would have introduced the motive, but as he was not in the knowledge of the altercation between the appellant and the deceased, so he kept silent and soon thereafter, he submitted an application, that too, on the same day regarding the motive between the parties---Eye-witness was examined on the very day of the incident by Investigating Officer and he explained the motive and he confirmed that few days earlier to the incident an altercation took place between the appellant and the deceased---Circumstances established that the prosecution succeeded in bringing home guilt against the appellant---Appeal against conviction was dismissed, accordingly.

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