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---Witnesses not present at the spot at the time of incident---Effect---Accused were charged for committing murder of the son of the complainant by firing---Motive for the offence was love marriage of deceased---Accused was maternal cousin of the lady with whom marriage was performed---Ocular account of the incident had been furnished by complainant and another witness---Complainant stated that on the day of incident when he along with his deceased son reached to the petrol pump, the accused duly armed approached the petrol pump and started firing at the deceased which resulted into his death---Complainant further stated that the incident was witnessed by another witness as well---Statement of the complainant when placedin juxtaposition with the statement of other eye-witness, which he recorded before the court of Judicial Magistrate under S. 164, Cr.P.C., both the statements did not support each other rather the statement of the complainant was in glaring contradiction with that of eye-witness---Eye-witness categorically stated that the deceased at the time of incident was all alone and that it was only the accused who fired at the deceased---Said witness remained silent on the presence of complainant at the time of incident and even he did not mention the presence of any other witness at the time of incident---Impression could be gathered that the complainant alongwith two others reached to the spot after 15/20 minutes of the occurrence---Statement so recorded by eye-witness was further strengthened from the fact that the matter was reported by the complainant after 30 minutes of arrival of the local police---If the complainant was present on the spot at the time of incident why he did not shift the deceased to the hospital or police station to report the matter---Complainant kept on waiting till arrival of the local police to report the matter despite the fact that the vehicles were available to shift the dead body---Delay caused in reporting the matter left no ambiguity that the complainant was not present at the time of incident and that it was after the deceased was done to death his attendance was procured---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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