Case Details

Citation(s)
2025 SLG 1899 2025 SLD 1899 = 2025 YLR 312
Peshawar High Court
Cr. A. No. 103-P of 2022, decided on 29th November, 2023.
Before Ishtiaq Ibrahim and Sahibzada Asadullah, JJ
Syed Abdul Fayaz and Shah Nawaz Khan for Appellant. Jalal-ud-Din Akbar Azam Gara, A.A.G. for the State. Yousaf Shah Mohmand for the Complainant.

LATEEF-UR-REHMAN---Appellant

VERSUS

The STATE and another---Respondents

Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860)-------S. 302(b)---Qatl-i-amd---Appreciation of evidence---Conduct of the accused pointing towards his guilt---Accused was charged for committing murder of his wife/niece of complainant by firing---Complainant who being the maternal uncle of the deceased reached the hospital and reported the matter---While reporting the matter the complainant disclosed the strained relationship between the spouses and he disclosed that the appellant compelled the deceased to fetch firewoods from the forest, to which she refused and her refusal led to the tragic incident---Admittedly, the deceased after receiving firearm injuries died on the spot, the dead body was rushed to the hospital and the matter was reported by the complainant, so the court was to see the conduct of the appellant and his presence at the stated time---Record showed that the appellant, soon after the incident, left the scene till his arrest---Record further told that it was not the appellant who shifted the dead body of the deceased from the spot to the hospital, and that it was not the appellant who reported the matter---Conduct displayed by the appellant, soon after the incident, was a circumstance, which could not be overlooked rather it increased the anxiety of the Court to trace out his responsibility and his involvement in the murder of the deceased--Circumstances established that the prosecution succeeded in bringing home guilt against the appellant---Appeal against conviction was dismissed, in circumstances.Saeed Ahmed v. The State 2015 SCMR 710 rel.(b) Penal Code (XLV of 1860)-------S. 302(b)---Qatl-i-amd---Appreciation of evidence---Plea of suicide not established by the accused---Accused was charged for committing murder of his wife/niece of complainant by firing---Incident admittedly occurred inside the house of the deceased, that too, on the first floor of the house and when the house was inhabited and rest of the family members were living in the same, in such eventuality, the Court could not take into consideration that an outsider entered and committed the offence---When the Court came to the conclusion that the deceased did not commit suicide and when it excluded…
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