| Case ID |
202c9589-c60b-4ee2-ac39-30fa62a3e45e |
| Body |
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| Case Number |
Criminal Appeal No. 247-P of 2021 |
| Decision Date |
Sep 21, 2022 |
| Hearing Date |
Sep 21, 2022 |
| Decision |
The appeal was dismissed, maintaining the conviction and sentence of the present accused under sections 324, 337-D, and 334 of the Penal Code, while acquitting him of the charge of qatl-i-amd of the deceased persons. The court found that the prosecution had established its case against the accused, holding him liable for the injuries caused to the injured party. The delay in lodging the FIR was deemed immaterial given the circumstances, and the evidence presented was sufficient to uphold the conviction for the injuries inflicted. |
| Summary |
The case revolves around a criminal appeal concerning the murder of two individuals and the injury of another in a shooting incident attributed to the appellant, Rab Nawaz. The Peshawar High Court considered the evidence, including the circumstances surrounding the delay in filing the FIR, which was found to be inconsequential. The prosecution presented a compelling case, supported by medical evidence, eyewitness accounts, and forensic analysis, establishing the appellant's liability for the injuries sustained by Ateeq-ur-Rehman while acquitting him of murder charges. This case highlights critical aspects of criminal law, particularly regarding the interpretation of intent and evidence evaluation in homicide cases. The decision emphasized the importance of corroborative evidence in upholding convictions in serious offenses, aligning with trending discussions on legal standards in criminal justice. Keywords such as 'criminal appeal', 'homicide', 'Penal Code', and 'evidence evaluation' are relevant for legal professionals and scholars examining similar cases. |
| Court |
Peshawar High Court
|
| Entities Involved |
|
| Judges |
Lal Jan Khattak,
Ishtiaq Ibrahim
|
| Lawyers |
Hussain Ali for Appellant,
Niaz Muhammad, A.A.G. for the State,
Dr. Ameer Ajam Khattak,
Sadiq Nawaz Khattak for the Complainant
|
| Petitioners |
Rab Nawaz
|
| Respondents |
The STATE,
|
| Citations |
2023 SLD 2074,
2023 YLR 1266,
2023 SLD
|
| Other Citations |
Pandurang, Tukia and Bhillia v. The State of Hyderabad PLD 1956 Supreme Court (India) 176 rel.
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b),
324,
337-D,
334,
34
|