AKHTAR ALI vs AMIR HATAM Ss — 2021 PCrLJ 1439 PESHAWAR-HIGH-COURT

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AKHTAR ALI VS AMIR HATAM Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Accused were charged for making firing on complainant party, one person was hit and died whereas another person was seriously wounded and had later succumbed to the injuries---Motive behind the occurrence was mentioned as an altercation took place between accused, deceased and injured---Record depicted that examination-in-chief of a witness was recorded on 14.06.2017 but he was abandoned by ADPP and counsel for the complainant on 25.04.2018 on the ground that other eye witnesses had already been examined---Even his statement was relied upon by Trial Court at the time of passing the impugned judgment---High Court observed that view of the Trial Court that mere production of a witness and recording his examination-in-chief would not take away from prosecution the right to abandon a witness save in exceptional cases, were misconceived---No doubt, prosecution or a party to a lis was at liberty to abandon a witness but once a witness came into the dock and he opened his mouth with regard to facts of the case then in that eventuality he could not be abandoned by prosecution rather it was the duty of the court to take the proceedings into its own hands---Court had prime duty to steer, control and regulate the course of examination of a witness on proper lines and to strike a fair balance between the parties before it for bringing uniformity and consistency in process of examination---Courts were also required to act vigilantly and not to remain oblivious of their duty in controlling and regulating the process of examination of a witness---In the present case, the court had not discharged its duty and had acted as a silent spectator by allowing the prosecution to deal with the witnesses according to their own whims---Nothing was on record to show that the defence had ever given up its right of cross-examination rather the defence counsel had time and again requested the Trial Court for re-summoning of the witness for cross-examination---Appeal was allowed and the matter was remanded the Trial Court with directions to summon the witness for his cross-examination and thereafter decide the case after hearing the parties.

AKHTAR ALI vs AMIR HATAM Ss — 2021 PCrLJ 1439 PESHAWAR-HIGH-COURT

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