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---Improvements made by the complainant---Accused were charged for committing murder of the brother of complainant by firing---Record showed that the sister of the complainant stated that on the night of incident, she left her house, visited the Police-Post and on coming to the house, she was inquired by the complainant and the deceased and she was severely beaten---Said witness was cross-examined regarding the time she left the house and regarding the time she returned to the house, she deviated from the report of the complainant and she explained that when she reached to the house, she was inquired into and beaten---When the statement of the said lady was juxtaposed with that of the complainant, it told that the complainant did not narrate the story in its natural way, rather he twisted the facts for reasons best known to him---Said lady was examined by the Medical Officer, who found many injuries in the shape of bruises and lacerations and the Medical Officer also disclosed that she was brought to the hospital in unconscious condition---When those two statements were taken to the house, the Court lurked no doubt in mind that the complainant noticed the absence of the lady from the house only when she returned to the house, so the statement of the complainant regarding noticing her coming out from the Police-Post could not be accepted---Improvement so made was only to convince this Court that the appellants were responsible for the tragic incident and that no liability could be put over the shoulders of the complainant and the deceased---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 won 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---Matter reported to the police with promptitude---Accused were charged for committing murder of the brother of complainant by firing---Out Patient Department chits collected from the hospital disclosed the time of arrival of the complainant to the hospital as 03:51 a.m., whereas that of the appellant, as 03:55 a.m.---Medical Officer also confirmed the time of arrival of the injured to the hospital and also the time of examination of the injured, so the quick succession of events had left no ambiguity in telling that the matter was promptly reported and that injured from both sides were brought to the hospital at one and the same time---Scribe further explained that as the injured were lying on the spot, so he deemed it necessary to rescue the injured to the hospital to save their lives---Scribe displayed a natural conduct, as in the attending circumstances of the present case, the priority was to save the precious lives, so he instead of waiting for report on the spot, shifted the injured to the hospital and after due satisfaction, the complainant reported the matter---Dead body of deceased was examined by the Medical Officer and even the post-mortem examination did confirm that the incident occurred at the stated time and that the deceased and injured were shifted to the hospital hurriedly---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 was extent was left intact. Citation Name: 2026 YLR 428 PESHAWAR-HIGH-COURT Faisal VS State Ss. 324, 353, 337-F(iii) & 34---anti-Terrorism act (XXVII of 1997), S. 7---attempt to commit qatl-i-amd, assaulting or using criminal force against a public servant in the execution of their duty, ghayr-jaifah-mutalahimah, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Recovery of weapon of offence and crime empties---Inconsequential---accused were charged that they made firing upon the police party, due to which the complainant/Police Constable got injured, whereas his companion escaped unhurt---In the present case, 30 bore pistol was recovered from accused/appellant which was also taken into possession as weapon used in the commission of offence---Said pistol along with the pistol recovered from co-accused were sent to Forensic Science Laboratory for matching with the two empties recovered from the place of accused and the Forensic Science Laboratory reported that two empties were fired from each pistol---according to the narration of complainant in the Murasila, three accused came on motorcycle out of whom, one fired at them, thus in such scenario the positive Forensic Science Laboratory Report had lost its evidentiary value---Even otherwise, the opinion of the Expert had a corroborative value only and was useful for ascertaining whether the direct evidence was true or not---appeal against conviction was allowed, in circumstances.

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

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