MUHAMMAD NASEER vs State Ss — 2021 MLD 509 PESHAWAR-HIGH-COURT

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MUHAMMAD NASEER VS State Ss.302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Non-availability of justification for the presence of complainant at the spot---Scope---Accused was charged that he along with his co-accused made firing upon complainant and his brother, who was hit and died whereas complainant escaped unhurt---Motive was stated to be the dispute over landed property---Record showed that complainant deposed that there was a distance of 47 paces between him and deceased while they had started for village---Said fact confirmed that the complainant was not accompanying the deceased at the relevant time---Complainant stated that he was also fired at but escaped unhurt---If complainant was present being empty handed he too was at the mercy of the assailants and they would have easily done away with him---Occurrence occurred at 10:15 a.m. but no effort was made to shift the deceased to the police station and to report the matter there---If the complainant was present with the deceased at the time of firing, he would have either shifted the dead body to the police station or to the hospital---Complainant was in the village and was informed there, wherefrom he in the company of his relatives reached to the spot within thirty minutes---Presence of the witness was not free from doubt, as the complainant had no personal property but it was the property of their uncle who was residing abroad and the accused were their first cousins---Complainant could not show the purpose of his presence and coming to the fields---Even the accused had got nothing on the spot, neither the complainant was ploughing or sowing the field or were in possession of the same which annoyed the accused to a degree to kill the deceased---If the complainant was present and the accused had the intention to kill them, no hurdle was there to stop them from killing the complainant as well---Circumstances established that the prosecution had failed to prove its case against accused---Appeal against conviction was allowed, in circumstances.

MUHAMMAD NASEER vs State Ss — 2021 MLD 509 PESHAWAR-HIGH-COURT

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