State vs NOROZ KHAN alias ABU BAKAR Ss — 2021 MLD 2069 PESHAWAR-HIGH-COURT

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State VS NOROZ KHAN alias ABU BAKAR Ss. 302(b), 324, 458, 337-D, 148 & 149---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, lurking house trespass or house-breaking by night after preparation for hurt or assault or wrongful restraint, jaifah, rioting armed with deadly weapon, unlawful assembly---appreciation of evidence---appeal against acquittal---Contradictions in the statement of witnesses---Scope---Prosecution case was that the accused party while armed with deadly weapons assaulted on complainant party, made firing, due to which two were hit and died while the complainant received injuries---Presence of the complainant on the spot at the relevant time, keeping in view the stamp of injury on his person, was, no doubt, established, however, testimony of complainant as to the identification of the accused on the spot at the relevant time was not above board for reason that complainant appeared before the Trial Court and stated that 14/15 persons entered into his house while in his report he had stated that 15/20 persons had entered into his house---Likewise, in his cross examination, the complainant stated that three accused were on front and in the same breath he stated that the accused was not previously known to him---Question arose when accused was not known to complainant then how he identified him, which made his testimony equivocal---Statement of complainant was also contradictory to the statement of eyewitness because in her cross examination she stated that the accused had muffled their faces while the complainant stated that none had muffled his face; similarly, the former stated in her cross examination that first the injured was taken to the hospital and after one hour the dead bodies of the deceased were taken to the hospital---Later in cross examination stated that he and his deceased brothers were put in the two vehicles on charpai---Complainant further stated that profuse blood was oozing from him and his deceased brothers, however, he could not say as to whether cots were stained with blood or not---Circumstances established that the prosecution had failed to prove its case against the accused, thus Trial Court had rightly acquitted the accused---appeal against acquittal was dismissed, in circumstances.

State vs NOROZ KHAN alias ABU BAKAR Ss — 2021 MLD 2069 PESHAWAR-HIGH-COURT

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