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| 2026 SLG 2216 2026 SLD 2216 = 2026 PCRLJ 802 |
Peshawar High Court
Criminal Appeal No. 1182-P of 2021, decided on 12th September, 2024.
Presented By: Ijaz Anwar and Sahibzada Asadullah, JJ
Mst. Hajira Bibi alias Seema and others v. Abdul Qaseem and another 2023 SCMR 870 rel. Danial Khan Chamkani and Nouman Khan Kundi for Appellant. Amir Zeb, A.A.G for the State. Malik Imad Azam for Accused
Respondent (on video link).
Criminal Appeal No. 1182-P of 2021, decided on 12th September, 2024.
Presented By: Ijaz Anwar and Sahibzada Asadullah, JJ
Mst. Hajira Bibi alias Seema and others v. Abdul Qaseem and another 2023 SCMR 870 rel. Danial Khan Chamkani and Nouman Khan Kundi for Appellant. Amir Zeb, A.A.G for the State. Malik Imad Azam for Accused
Respondent (on video link).
AJMAL HUSSAIN---Petitioner
VERSUS
The STATE and another---Respondents
Law: Penal Code (XLV of 1860)
Section: 302(b), 342
Law: Criminal Procedure Code (V of 1898)
Section: 417(2)
Law: Qanun-e-Shahadat (10 of 1984)
Section: 129(g), 46
(a) Penal Code (XLV of 1860) Ss. 302(b) & 324---Criminal Procedure Code (V of 1898), S.417(2)---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Appeal against acquittal---Presence of complainant at the spot not proved---Accused was charged that he made firing upon complainant party, due to which maternal uncle of complainant was hit and died, whereas complainant escaped unhurt---As per the prosecution version, the occurrence had been witnessed by the complainant as well as an eye-witness, the shop keeper---According to the narration of complainant, the respondent-accused fired at him as well as his uncle which hit his uncle, however, he escaped unhurt---Site plan which was prepared at the instance and pointation of complainant showed the accused at point No. 2, the complainant at point No.3 and the deceased at point-1 whereas the shopkeeper at point No.4---Distance between point 2 and point 1 was given as 4 paces, whereas the distance between point 2 and point-3 was one pace---Point-3 which was given to complainant came in the line of firing of the respondent accused, however, his escaping unhurt and not receiving a single scratch was not appealable to a prudent mind particularly, as per his own admission in cross-examination that there was no barrier/obstacle between him and accused at the time of firing---Appeal against acquittal was dismissed, in circumstances. (b) Penal Code (XLV of 1860) Ss. 302(b) & 324---Criminal Procedure Code (V of 1898), S.417(2)---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Appeal against acquittal---Mode and manners of the occurrence doubtful---Accused was charged that he made firing upon complainant party, due to which maternal uncle of complainant was hit and died, whereas complainant escaped unhurt---As per the contents of the murasila/FIR, the occurrence took place at 11:30 hours and in his Court statement, the complainant stated that the deceased was alive till the time of reaching the hospital---Scriber of the Murasila stated that he reached the hospital at 12:10 pm and by that time the deceased was already dead---Postmortem examination report would show that the deceased…