Falak Naz Khan vs State Ss — 2025 YLR 251 PESHAWAR-HIGH-COURT

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Falak Naz Khan VS State Ss. 302(c), 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Accused were charged for committing murder of the father of complainant and also making firing upon complainant party---Record showed that accused had also lodged a cross report vide F.I.R No.236 dated 21.04.2017 registered under Ss.337-F(v)/506/ 34, P.P.C, stating therein that there was a dispute over pathway between paternal uncle and cousins of complainant, who tried to establish possession on said pathway---Complainant party allegedly came together and asked him that they would dig out the pathway---Appellant forbade them from doing so, upon which they allegedly started quarreling and attacked their house---As per report, two co-accused had allegedly started firing on the complainant, however, he had escaped said fire---Thereafter, complainant party allegedly caught hold of appellant and deceased then alive asked his son to kill him, upon which the latter gave him blow with iron rod on his right leg, as a result of which he allegedly sustained injury, fell down and became unconscious---Occurrence was stated to have also been witnessed by three persons---Said report had been recorded vide Daily Diary No. 46 dated 11.02.2017, brought in evidence---Investigating Officer of the case had, however, referred the case of appellant for cancellation---Appellant failed to make out a case of his acquittal, therefore, his appeal against conviction and sentence was dismissed. Citation Name: 2025 YLR 251 PESHAWAR-HIGH-COURTBookmark this Case Falak Naz Khan VS State Ss. 302(c), 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Appeal against acquittal---Accused were charged for committing murder of the father of complainant and also making firing upon complainant party---In the appeal against acquittal of accused/respondents under S.324, P.P.C, complainant had charged them for firing upon him but neither specific role of firing was attributed to each accused nor anything in the shape of crime weapon or empty shells was taken into possession by Investigating Officer in order to substantiate charge against them---Thus, respondents had rightly been acquitted by the Trial Court, to which no exception could be taken by the Court---Appeal against acquittal was dismissed, in circumstances. Citation Name: 2025 YLR 251 PESHAWAR-HIGH-COURTBookmark this Case Falak Naz Khan VS State Ss. 302(c), 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Ocular account corroborated by medical evidence---Accused were charged for committing murder of the father of complainant and also making firing upon complainant party---Perusal of record revealed that prosecution had been relying on eye-witnesses accounts of the occurrence offered by SI (Police), complainant and an eye-witness---Amongst the prosecution witnesses, testimony of SI was absolutely reliable, being an independent witness---In his examination in chief said witness had stated that he had received information about dispute from Moharrir of Police Station, hence, he reached at the spot---Deceased then alive had statedly met with said witness, who had taken him to the place of dispute---Said witness further stated to have tried to take away father of appellant from the place of dispute but in the meantime appellant had started pelting bricks upon deceased then alive from roof top of the house of his father and out of the thrown bricks, deceased had received injury on his head, with which he got injured and fell on the ground---Said witness stated to have reached RHC hospital but appellant had reached DHQ hospital in injured condition for treatment and on noticing him in injured condition there, he had deputed Constable in order to ensure impending arrest of appellant---Said witness was subjected to lengthy cross-examination but nothing could be brought from his mouth which could have corroded the value of his testimony---Said witness had not completely towed the line of complainant where the complainant had also involved acquitted co-accused in causing stone blows to deceased---Statement of said witness was also supported by report of postmortem examination of deceased---Medical Officer was also examined in support thereof and he had remained consistent in his assertions---Testimony of SI was also supported by report of Medico-Legal Examination of appellant, who had been examined by Medical Officer---Statement of SI also got support from the statement of other witnesses---Both these eye-witnesses had also stated that the main blow to deceased had been caused by appellant---In the facts and circumstances of the case SI was an absolutely reliable witness---Circumstances established that the prosecution had proved its case against the accused beyond shadow of doubt---Appeal against conviction was dismissed, in circumstances.

Falak Naz Khan vs State Ss — 2025 YLR 251 PESHAWAR-HIGH-COURT

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