Saif-Ur-Rehman vs State Ss — 2026 YLR 686 PESHAWAR-HIGH-COURT

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Saif-Ur-Rehman VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Recovery of weapon of offence and crime empties---Reliance---Scope---Accused were charged for committing murder of the brother of complainant by firing---Investigating Officer explained that when he visited the Police-Post, after doing the needful, a witness produced the service rifle of the appellant, along with a 30 bore pistol and he sent the same to the Firearms Expert to ascertain as to whether the empties were fired from the collected weapons---Record told that the 7.62 bore crime empty was found matched with the service rifle of the appellant---Said piece of evidence could not be disbelieved, as the weapon was issued to the appellant and that the same was produced by a witness, who was posted in the same Police-Post---As the empty was collected from the spot and so the service rifle of the appellant, so it could not be doubted that it was the appellant who used his service rifle to fire at the deceased and the laboratory report had substantiated the claim of the complainant---Appeal to the extent of the appellant "SR" was partially allowed and instead he was convicted and sentenced under S.302(b), P.P.C. to life imprisonment and the remaining portion of the judgment to his way extent was left intact. Citation Name: 2026 YLR 686 PESHAWAR-HIGH-COURT Saif-Ur-Rehman VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Joint liability---Scope---Accused were charged for committing murder of the brother of complainant by firing---As in the episode the appellant "SR" had also received injuries, so the possibility could not be excluded that not only the appellants but the complainant and the deceased were equally instrumental in disturbing the peaceful atmosphere---As not only the appellants were responsible, but it was the sister of the complainant who wished to meet the appellant on the night of incident and it was she who visited the Police-Post, so this Court was not inclined to exonerate the complainant and the deceased from the responsibilities, as they were also liable and responsible for the tragic incident to some extent---As there was a free fight between the parties and so admitted by the complainant, and as the deceased received a single firearm injury, so this Court was confident in holding that the approach of the trial Court qua awarding the penalty of death to the appellant "SR", was not in accordance with law, rather the Court failed to appreciate the particular atmosphere, which was holding the field at the time of occurrence and it failed to take into consideration that it was the complainant and the deceased who went to the Police-Post with a pre-determined mind to teach a lesson to the appellants; it was the responsibility of both the parties which turned to be the of death cause of killing---So, the awarding of death sentence was more than the required one which called for interference---Appeal to the extent of the appellant, "SR" was partially allowed and instead he was convicted and sentenced under S.302(b) P.P.C to life imprisonment and the remaining portion of the judgment to his extent was left intact.

Saif-Ur-Rehman vs State Ss — 2026 YLR 686 PESHAWAR-HIGH-COURT

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