| Citation(s) |
|---|
| 2011 SLG 360 2011 SLD 360 2011 PLD 192 |
Peshawar High Court
Criminal Appeal No. 110 of 2007 and Criminal Revision No. 4of 2008, decided on 22nd February, 2011
ATTAULLAH KHAN AND SYED SAJJAD HASSAN SHAH, JJ
Sanaullah Khan Gandapur and S. Fakhr-ud-Din Shah for Appellants. Jehanzeb Ahmad Chughtai for the State. Anwarul Haq for the Complainant
Criminal Appeal No. 110 of 2007 and Criminal Revision No. 4of 2008, decided on 22nd February, 2011
ATTAULLAH KHAN AND SYED SAJJAD HASSAN SHAH, JJ
Sanaullah Khan Gandapur and S. Fakhr-ud-Din Shah for Appellants. Jehanzeb Ahmad Chughtai for the State. Anwarul Haq for the Complainant
ABDUL REHMAN and anothervsTHE STATE and another
Law: Pakistan Penal Code, 1860
Section: 302(b),324,337-F(i),337-F(ii),34
Law: Criminal Procedure Code (V of 1898)
Section: 239
(a) Penal Code (XLV of 1860)--- ----Ss. 302(b)/324/337-F(i)/337-F(ii)/34---Criminal Procedure Code (V of 1898), S.239---Qatl-e-amd, attempt to commit qatl-e-amd and causing Damiyah and Badiyah---Appreciation of evidence---Charges against accused were framed under separate three heads; i.e. causing murder; attempting to commit qatl-e-amd and causing injuries (Damiyah and Badiyah)---All accused persons had allegedly committed more than one offences in the same transaction---Said accused persons could be tried and charged together and case of framing charge against accused would be covered under S.239, Cr.P.C.---Charge, in circumstances, had correctly been framed by the Trial Court against accused persons---Ocular evidence coincided with other circumstances of the case and was free from any contradiction and discrepancies---Evidence was straightforward, true and confidence-inspiring---Witness was subjected to lengthy cross-examination, but he remained stuck to his stand---Nothing adverse had been brought out by the defence to prove him hostitle or having any ill-will to falsely implicate accused persons---Evidence of said witness could be safely relied upon---No contradiction was found between ocular evidence and medical evidence---Abandoning of two witnesses and not producing the other three injured witnesses would not affect the case of prosecution, because evidence of complainant who appeared as eye-witness, was sufficient to prove guilt of accused persons---Recovery of fifteen empties had been proved through witness as well as Investigating Officer---Same numbers of injuries were found on the dead bodies of two deceased---Recovery of empties and Kalashinkov and its examination by Forensic Science Laboratory were supporting the prosecution case---Weapon of offence, in circumstances had also been proved to have been used in the commission of offence by accused---Accused were aggressors, while the complainant party in the case was aggressed upon existence of cross case, would not help accused persons---Motive given by the complainant party was proved through evidence of the complainant---Prosecution had succeeded to prove case against accused persons on the…
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