MUHAMMAD RAMZAN vs State Ss — 2021 PCrLJ 1362 PESHAWAR-HIGH-COURT

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MUHAMMAD RAMZAN VS State Ss. 302, 324, 109 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, common intention---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Medical and ocular evidence---Conflict---Accused were charged for committing murder of the son of the complainant by firing---Record showed that the medical evidence was in conflict with the ocular account---Site plan was prepared at the instance of the complainant where the deceased and the assailants were shown at a distance of three paces from each other---Fact could not be ignored that the weapon used was stated to be 9mm pistol and that the charring and blackening marks occurred only when a pistol was fired from a distance of nine inches or less---In the present case all the entry wounds were surrounded by blackening, which was not possible from the distance given by the complainant, which also indicated that the complainant was not present at the time of incident---Said conflict between the medical evidence and ocular account had crept deep into the roots of the prosecution case---Medical evidence though was confirmatory in nature but when direct ocular account was available on file, then in that eventuality it was the ocular account which was to be preferred and taken into consideration, provided it was confidence inspiring, however, in the present case, the presence of the witnesses at the time and at the place of incident was shrouded in mystery, so the conflict between the two could not be ignored and it was for the prosecution to prove otherwise---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against acquittal was dismissed, in circumstances.

MUHAMMAD RAMZAN vs State Ss — 2021 PCrLJ 1362 PESHAWAR-HIGH-COURT

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