| Citation(s) |
|---|
| 2024 SLG 327 2024 SLD 327 2024 MLD 348 |
Peshawar High Court, Mingora Bench
Criminal Appeal No. 76-M of 2022, decision dated: 26th January, 2023.
Before Muhammad Naeem Anwar and Dr. Khurshid Iqbal, JJ
Haq Nawaz, Assistant A.G. for the State.
Criminal Appeal No. 76-M of 2022, decision dated: 26th January, 2023.
Before Muhammad Naeem Anwar and Dr. Khurshid Iqbal, JJ
Haq Nawaz, Assistant A.G. for the State.
STATE through A.A.G. at Dar-ul-Qaza Swat---Appellant
VS
KHALID KHAN and another---Respondents
Law: Penal Code (XLV of 1860)
Section: 302(b),311,200,201,34
Law: Khyber Pakhtunkhwa Arms Act, (XXIII of 2013)
Section: 15
Law: Criminal Procedure Code (V of 1898)
Section: 417
(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 311, 200, 201 & 34---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Criminal Procedure Code (V of 1898), S. 417---Qatl-i-amd, tazir after waiver or compounding of right of qisas in qatl-i-amd, using as true such declaration knowing it to be false, causing disappearance of evidence of offence, or giving false information to screen offender, common intention, possession of unlicensed arms--- Appeal against acquittal--- Appreciation of evidence---Accused were charged for committing murder of the deceased by firing---Record showed that there was no direct evidence in the present case---Report was initially lodged by brother of the deceased on 03.11.2019---Time of the occurrence mentioned in the murasila was 03:05 a.m., early hours of the day---SHO deposed that the informer informed him that the respondents-accused were the real culprits---Thus, he arrested both of them on 03.11.2019, i.e. the day of the occurrence---SHO deposed that the information he got was that both had committed the murder in the name of honour---However, said witness admitted that he could not collect any evidence in that regard---Moreover, the major legal heirs of the deceased submitted affidavit before the Trial Court for exonerating the respondents-accused---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against acquittal was dismissed, in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 311, 200, 201 & 34---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Criminal Procedure Code (V of 1898), S. 417---Qatl-i-amd, tazir after waiver or compounding of right of qisas in qatl-i-amd, using as true such declaration knowing it to be false, causing disappearance of evidence of offence, or giving false information to screen offender, common intention, possession of unlicensed Arms--- Appeal against acquittal---Appreciation of evidence---Accused were charged for committing murder of the deceased by firing---Investigating Officer deposed that mother and brother of the deceased charged the present accused but there was no such statement to that…
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