Case Details

Citation(s)
2020 SLG 1151 2020 SLD 1151 2020 MLD 864
Peshawar High Court
Criminal Appeal No. 18-P of 2017, decided on 3rd September, 2019.
ROOH-UL-AMIN KHAN, JUSTICE AHMAD ALI, JUSTICE
Abdul Latif Afridi for Appellant.

MUHAMMAD TAHIR

VS

AKHTAR ALI AND 2 OTHERS

Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302 & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Appeal against acquittal---Unnatural conduct of accused---Prosecution case was that the complainant along with his father and brother were going on motorcycle, accused emerged and committed murder of the brother of the complainant by firing---Motive for the offence was previous blood feud enmity---Prosecution case was based on the statement of complainant/Police Officer---Record showed that there were many contradictions between Murasila and statement of complainant recorded by the court---Complainant reported that he along with his father and brother were going on motorcycle and it did not appeal to a prudent mind that when three persons were riding the motorcycle, how the witnesses remained alive---Daily diary of police station written by complainant himself on the day of occurrence that he was going home as his brother had been murdered, so three days leave be sanctioned---Such fact caused serious damage to the prosecution case---Complainant had not mentioned in the Murasila the kind of weapon used by the accused for firing upon his deceased brother despite close proximity with them at the time of occurrence as shown in site plan which was also prepared on the pointation of the complainant himself---Both the parties though were having blood feud enmity but the accused was only contended to kill the brother of the complainant and spared the complainant and his father being at their mercy---Witnesses produced by the prosecution were not telling the truth rather trying to suppress the actual truth before the court, therefore, the testimony could not be relied upon---Appeal against acquittal being bereft of any merit was dismissed, in circumstances. 2017 SCMR 596 and PLD 2019 SC 527 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302 & 324---Qanun-e-Shahadat (10 of 1984), Art. 129---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Appeal against acquittal---Withholding material evidence---Effect---Prosecution case was that the complainant along with his father and brother were going on motorcycle, accused emerged and…
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