Lateef-ur-Rehman vs State S — 2025 YLR 312 PESHAWAR-HIGH-COURT

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Lateef-ur-Rehman VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Conduct of the accused pointing towards his guilt---Accused was charged for committing murder of his wife/niece of complainant by firing---Complainant who being the maternal uncle of the deceased reached the hospital and reported the matter---While reporting the matter the complainant disclosed the strained relationship between the spouses and he disclosed that the appellant compelled the deceased to fetch firewoods from the forest, to which she refused and her refusal led to the tragic incident---Admittedly, the deceased after receiving firearm injuries died on the spot, the dead body was rushed to the hospital and the matter was reported by the complainant, so the court was to see the conduct of the appellant and his presence at the stated time---Record showed that the appellant, soon after the incident, left the scene till his arrest---Record further told that it was not the appellant who shifted the dead body of the deceased from the spot to the hospital, and that it was not the appellant who reported the matter---Conduct displayed by the appellant, soon after the incident, was a circumstance, which could not be overlooked rather it increased the anxiety of the Court to trace out his responsibility and his involvement in the murder of the deceased---Circumstances established that the prosecution succeeded in bringing home guilt against the appellant---Appeal against conviction was dismissed, in circumstances. Citation Name: 2025 YLR 312 PESHAWAR-HIGH-COURTBookmark this Case Lateef-ur-Rehman VS State Motive---Scope---absence or weakness of motive by itself would not be sufficient for acquitting an accused, rather the same could be taken into consideration for determining the quantum of sentence to be awarded. Citation Name: 2025 YLR 312 PESHAWAR-HIGH-COURTBookmark this Case Lateef-ur-Rehman VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Plea of suicide not established by the accused---Accused was charged for committing murder of his wife/niece of complainant by firing---Incident admittedly occurred inside the house of the deceased, that too, on the first floor of the house and when the house was inhabited and rest of the family members were living in the same, in such eventuality, the Court could not take into consideration that an outsider entered and committed the offence---When the Court came to the conclusion that the deceased did not commit suicide and when it excluded the possibility of entering of a stranger in the house, then the Court was not reluctant in placing the liability and responsibility over the shoulders of the appellant---Moreover, it was the appellant who had to tell how the tragic incident occurred and it was for him to convince that the deceased committed suicide---Seat of injury and the manner in which the same was caused excluded the possibility that the death was suicidal---Circumstances established that the prosecution succeeded in bringing home guilt against the appellant---Appeal against conviction was dismissed, in circumstances. Citation Name: 2025 YLR 312 PESHAWAR-HIGH-COURTBookmark this Case Lateef-ur-Rehman VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Non-production of defence evidence---Accused was charged for committing murder of his wife/niece of complainant by firing---Appellant did not produce the inmates of his house in his defence, who could better explain the circumstances in which the deceased died---When none from the house came in support of the claim of the appellant, then it was the appellant alone who was instrumental in the death of the deceased and the prosecution succeeded in connecting the appellant with the tragic incident---Circumstances established that the prosecution succeeded in bringing home guilt against the appellant---Appeal against conviction was dismissed, in circumstances. Citation Name: 2025 YLR 312 PESHAWAR-HIGH-COURTBookmark this Case Lateef-ur-Rehman VS State Medical evidence---Scope---Medical evidence is confirmatory in nature and in case of trustworthy and confidence inspiring eye-witness account the same plays little role, but when such ocular account either fails or the same is not available, then in such circumstances of a particuter case the medical evidence plays a decisive role. Citation Name: 2025 YLR 312 PESHAWAR-HIGH-COURTBookmark this Case Lateef-ur-Rehman VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Absconsion of accused---Consequential---Accused was charged for committing murder of his wife/niece of complainant by firing---Abscondance would not be sufficient for holding an accused guilty, but once the prosecution succeeded in connecting the accused with the offence charged for, and once the prosecution succeeded in collecting reliable evidence on file, then the unexplained abscondance could be taken into consideration---In the present case, the appellant was the husband of the deceased and soon after the tragic death of the deceased, he left the spot till his arrest, so the conduct he displayed was another circumstance, which could be taken into consideration in favour of the prosecution---Circumstances established that the prosecution succeeded in bringing home guilt against the appellant---Appeal against conviction was dismissed, in circumstances. Citation Name: 2025 YLR 312 PESHAWAR-HIGH-COURTBookmark this Case Lateef-ur-Rehman VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Medical evidence and circumstantial evidence not supporting plea of suicide---Accused was charged for committing murder of his wife/niece of complainant by firing---Record showed that the deceased received an injury on the left side of parietal bone with its exit on the right side of parietal bone, so the same increased the anxiety of the Court as to whether the same could be caused by the deceased and whether the same was possible in the case of a suicide---When the medical evidence was taken into consideration it left no ambiguity in stating that the deceased did not commit suicide---Medical evidence did not support the plea of suicide, when charring marks were not noted, so in such eventuality the Court was confident in holding that the death of the deceased was homicidal and that apart from medical evidence, the circumstantial evidence supported the story of the prosecution and the involvement of the appellant in the death of the deceased---In the present case no eye-witness account was available, but the circumstantial evidence and the medical evidence when taken into consideration, lent support to each other and the unity between the two led the Court to conclude that it was the appellant who killed the deceased---Circumstances established that the prosecution succeeded in bringing home guilt against the appellant---Appeal against conviction was dismissed, in circumstances. Citation Name: 2025 YLR 312 PESHAWAR-HIGH-COURTBookmark this Case Lateef-ur-Rehman VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Recovery of pistol and empties---Reliance---Scope---Accused was charged for committing murder of his wife/niece of complainant by firing---Collected pistol and the recovered empty were answered in negative by the fire arms expert---Had the deceased committed suicide the two would have matched---Report was received in negative because the pistol used was replaced with the collected one---Though the replacement was made to avoid the consequences, but instead it added to the miseries of the appellant---Had the actual pistol been recovered, then there was every likelihood of a matching report and the same would speak in favour of the appellant, but the negative report had established the ill intention of the appellant and all concerned, that it was the appellant who was responsible for the murder of the deceased and that it was the appellant who replaced the weapon used for the killing of the deceased---When all these circumstances were taken into consideration, no ambiguity was left that the deceased did not commit suicide, rather it indicated that the deceased was killed and that it was the appellant who was instrumental in the killing of the deceased---Circumstances established that the prosecution succeeded in bringing home guilt against the appellant---Appeal against conviction was dismissed, in circumstances.

Lateef-ur-Rehman vs State S — 2025 YLR 312 PESHAWAR-HIGH-COURT

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