Case Details

Citation(s)
2010 SLG 977 2010 SLD 977 2010 PLJ 818
Peshawar High Court
Crl. Appeal No. 14 of 2006, decided & hearing on 14.04.2010.
ATTAULLAH KHAN, JUSTICE, MUHAMMAD SAFDAR KHAN SIKANDRI, JUSTICE
Mr. Abdul Qayyum Qureshi, Advocate for Appellant. Mr. Farooq Akhtar, Advocate for the State.

WAHIDUR-REHMAN

VS

STATE AND ANOTHER

Law:

Section:

Administration of Justice-- ----Investigating Officer--Where the Investigating Officer had failed to forward the gun or empty for Chemical analysis, there was no evidence before the Court to show that the weapon of offence allegedly recovered by the Investigating Officer was used in the commission of the crime--Appeal accepted. THIS JUDGMENT DELIVERED BY: ATTAULLAH KHAN J.- Wahid-ur-Rahman, convict/appellant, having charged in case FIR No. 262 dated 31/10/2001 of Police Station Ghoriwala, District Bannu, registered under Section 302 PPC, when tried by the learned Sessions Judge Bannu, for allegedly committing the murder of the deceased Mst. Amina with fire-arm, was found guilty of the offence and thus on conviction under Section 302(b) PPC was sentenced to imprisonment for life and to pay rupees one lac to the legal heirs of the deceased as compensation in terms of Section 544-A Cr.P.C., or in default to further undergo simple imprisonment for one year with benefit under Section 382-B Cr.P.C., vide judgment dated 17/1/2006. 2. Feeling aggrieved from the above verdict of the learned trial Judge, the convict Wahid-ur-Rahman has challenged it through Criminal Appeal No. 14/2006. 3. Concise facts of the case as per report of the complainant Muhammad Amin lodged on 31/10/2001 at 1030 hours in the emergency room of Civil Hospital Bannu are that his daughter named Amina was married to Zahid Rahman and out their wedlock, three children were born. His house was situated adjacent to the house of Zahid Rahman who was not available in his house. At about 1030 hours, he heard the report of fire shots towards the house of his said son-in-law where he immediately rushed and found his daughter Mst. Amina lying in injured condition in the Courtyard. An old dilapidated condition DB shotgun was also lying near her having a freshly discharged 12 bore empty in one of its barrel. He was informed by his grand-daughter, namely, Mst. Gulfam aged about 10/11 years, that Mst. Amina was got hit by Wahid-ur-Rahman son of Muhammad Rahman who was seen running. Motive for the offence was stated to be that the Accused/appellant Wahid-ur-Rahman was beaten by Zahid Rahman. The injured Mst. Amina…
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