Case Details

Citation(s)
2022 SLG 408 2022 SLD 408 2022 YLR 68
Peshawar High Court
Criminal Appeal No. 308-B of 2019, decision dated: 4-02-2021. hearing date: 4-02-2021.
SAHIBZADA ASADULLAH, JUSTICE
Mir Zali Khattak for Appellant. Haroon-ur-Rashid for
Respondents. Qudrat Ullah Khan, Asstt: A.G. for the State.

ABDUR REHMAN

VS

THE STATE AND OTHERS

Law: Penal Code (XLV of 1860)

Section: 324&337-F(v)

(a) Penal Code (XLV of 1860)--- ----Ss. 324 337-F(v)---Attempt to commit qatl-i-amd, ghayr-jaifah-hashimah---Appreciation of evidence---Benefit of doubt---Contradictions in the statements of witnesses---Scope---Accused was charged for injuring the daughter of the complainant by firing---Motive for the occurrence was stated to be an altercation prior to the occurrence---Witnesses had contradicted each other on material aspects of the case---Injured witness stated that burst firing was made, whereas according to complainant the firing was sporadic---If it was accepted what the injured stated, then court was to believe that the accused after firing the initial rounds did not keep on firing and if the complainant was to be believed, then what a courage the lady had to walk towards the accused and for what purpose---Injured stated that after receiving firearm injury, the complainant without loss of time put her in a motorcar and left for the hospital, but her stance was contradicted by eye witness that after hitting his sister, he at once rushed towards his house while his father also came to the house---After 4/5 minutes they came out of their house and attended the injured---Injured stated otherwise that after sustaining injury she laid down on the ground and her father took her in his lap---Both the witnesses when were read together, it left no room to doubt that they fully contradicted each other---Circumstances established that the prosecution could not succeed in bring home guilt of the accused---Appeal against conviction was allowed, in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss. 324 337-F(v)---Attempt to commit qatl-i-amd, ghayr-jaifah-hashimah---Appreciation of evidence---Benefit of doubt---Presence of witnesses at the spot was doubtful---Scope---Accused was charged for injuring the daughter of the complainant by firing---In the present case, impression could be gathered that eye-witness was not present at the stated time---Had he been present on the spot, he would have attended the injured instead of rushing to the house and attending the injured after 4/5 minutes of the occurrence---Said fact did not appeal to a prudent mind that a real father…
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