MUHAMMAD TAHIR vs WALI MUHAMMAD Ss — 2026 YLR 1255 PESHAWAR-HIGH-COURT

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MUHAMMAD TAHIR VS WALI MUHAMMAD Ss. 302(b), 324, 337-A(ii), 337-F(v) & 34---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), 15---Qatl-i-amd, attempt to commit qatl-i-amd, causing shajjah-i-mudihah, ghayr-jaifah hashimah, common intention, possession of illicit weapon---Appreciation of evidence---Bona fides of complainant and witnesses---Accused was charged for committing murder of the complainant then injured through firing and causing firearm injuries to two other persons---Although the prosecution had three eye-witnesses available, none of them volunteered to become the complainant---Instead, the report was lodged by the deceased himself---Such conduct lent further credibility to the prosecution version and reflected the bona fides of the complainant and the witnesses, as there appeared to be no attempt to fabricate or manipulate the narrative---No material was brought on record to show that the deceased was incapable of making the statement---Consequently, this Court was inclined to presume that the deceased, while in an injured condition, was mentally and physically fit to speak and that it was he who truthfully reported the occurrence---Appeal against conviction was dismissed, in circumstances. Ss. 302(b), 324, 337-A(ii), 337-F(v) & 34---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), 15---Qatl-i-amd, attempt to commit qatl-i-amd, causing shajjah-i-mudihah, ghayr-jaifah hashimah, common intention, possession of illicit weapon---Appreciation of evidence---Absconsion of accused---Effect---Accused was charged for committing murder of the complainant then injured through firing and causing firearm injuries to two other persons---Appellant remained an absconder for a considerable period after the occurrence---Such conduct, in the eyes of law, reflected consciousness of guilt and further weakened any claim of innocence or justification---Occurrence took place in 2016, while the appellant was arrested only in 2022 by the police---Appellant failed to provide any satisfactory explanation for his prolonged abscondence---Such conduct, in law, indicated a consciousness of guilt and further strengthened the case of the prosecution---Appeal against conviction was dismissed, in circumstances. Ss. 302(b), 324, 337-A(ii), 337-F(v) & 34---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), 15---Qatl-i-amd, attempt to commit qatl-i-amd, causing shajjah-i-mudihah, ghayr-jaifah hashimah, common intention, possession of illicit weapon---Appreciation of evidence---Presence of witnesses at the spot not doubtful---Accused was charged for committing murder of the complainant then injured through firing and causing firearm injuries to two other persons---Presence of the witnesses on the day of occurrence, which coincided with Eid, also appeared natural---Moreover, it was customary for close relatives to visit each other on such occasions, particularly in the afternoon hours---However, the situation changed when the parties came face to face, leading to a confrontation which ultimately resulted in the unfortunate incident---Possibility of a sudden encounter and a free fight, therefore, could not be completely ruled out---In view of the cumulative effect of the dying declaration, the consistent ocular account, the corroborative medical evidence and the counter-version placed on record, this Court was satisfied that the prosecution had successfully established that the report was duly made and properly verified---Appeal against conviction was dismissed, in circumstances.

MUHAMMAD TAHIR vs WALI MUHAMMAD Ss — 2026 YLR 1255 PESHAWAR-HIGH-COURT

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