| Citation(s) |
|---|
| 2025 SLG 5506 2025 SLD 5506 = 2025 YLR 1702 |
Peshawar High Court
Criminal Appeal No. 1531-P and Criminal Revision No. 291-P of 2023, decided on 16th January, 2025.
Before S M Attique Shah and Sahibzada Asadullah, JJ
Muhammad Noman Khan Lodhi for Appellants. Niaz Muhammad, AAG for the State. Muhammad Saeed Khan for the Complainant.
Criminal Appeal No. 1531-P and Criminal Revision No. 291-P of 2023, decided on 16th January, 2025.
Before S M Attique Shah and Sahibzada Asadullah, JJ
Muhammad Noman Khan Lodhi for Appellants. Niaz Muhammad, AAG for the State. Muhammad Saeed Khan for the Complainant.
AURANGZEB and another---Appellants
VERSUS
The STATE and another---Respondents
Law: Penal Code (XLV of 1860)
Section: 302(b),324,337A(iii),33F(iii),337F(iv),337F(v),148,149
Law: Khyber Pakhtunkhwa Arms Act, (XXIII of 2013)
Section: 15
Law: Qanun-e-Shahadat (10 of 1984)
Section: 129(g)
(a) Penal Code (XLV of 1860)-------Ss. 302(b), 324, 337-A(iii), 337-F(iii), 337-F(iv), 337-F(v), 148 & 149--Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-hashimah, ghayr-jaifah-mutalahimah, ghayr-jaifahmudihah, ghayr-jaifah-hashimah, rioting armed with deadly weapons, unlawful assembly, possession of illicit weapon---Appreciation of evidence---Case of free fight---Accused were charged for committing murder of two persons of the complainant party and also causing firearm injuries to three persons--Investigating Officer during spot inspection collected an empty, a live cartridge and a misfired cartridge of 222 bore; similarly an empty, a live cartridge and a misfired cartridge of .30 bore; along with an empty of 12 bore, but he could not collect more empties from the spot since, as many as 11 accused were charged--Had all the accused fired, then the Investigating Officer would have collected many empties from the spot and the deceased as well as the injured would have received multiple firearm injuries---Apart from the empties, live and misfired cartridges were collected from the spot, so the same indicated that both the parties entered into a free fight followed by the firing---Parties assaulted each other, but the witnesses remained silent on that particular aspect of the case--When the Investigating Officer put his appearance before the Court, he confirmed that during spot inspection, he noticed the marks of struggle and this confirmation had confirmed free fight between the parties---Circumstances established that the prosecution failed to bring home guilt against the appellants---Appeal against conviction was allowed accordingly.(b) Penal Code (XLV of 1860)-------Ss. 302(b), 324, 337-A(iii), 337-F(iii), 337-F(iv), 337-F(v), 148 & 149--Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-hashimah, ghayr-jaifah-mutalahimah, ghayr-jaifahmudihah, ghayr-jaifah-hashimah, rioting armed with deadly weapons, unlawful assembly, possession of illicit weapon---Appreciation of evidence---Injured not produced for evidence---Accused were charged for…