NOOR MUHAMMAD KHAN vs State Ss — 2021 PCrLJ 1758 PESHAWAR-HIGH-COURT

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NOOR MUHAMMAD KHAN VS State Ss. 302, 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Appeal against acquittal---Presence of complainant at the spot was doubted---Scope---Accused were charged for committing murder of the grandson of complainant by firing---Motive for the offence was stated to be exchange of firing between the parties few days prior to the occurrence---Record was silent regarding presence of the deceased with the complainant prior to the occurrence---Complainant stated his presence in the hujra before the incident but the site plan was silent in that respect---Even the Investigating Officer did not mention the same---Complainant failed to establish his presence in hujra a little before the occurrence---Complainant did not produce anyone to confirm his presence---Complainant was cross-examined on that particular aspect of the case who replied that his presence in the hujra was not in routine---Complainant did not utter a single word regarding presence of the deceased in the village hujra before they left for their house---In the site plan, the deceased had been shown at one point, whereas the complainant at the second point with no occasion to talk, but the complainant stated that prior to the occurrence it was the deceased who disclosed the time as 7.00 p.m.---Complainant stated that he did not know how to read a watch, but to cure the defect he introduced the deceased who disclosed the time---If it was admitted what the complainant stated regarding the stated time, then it was for the complainant to show that they were together in the hujra and so on their way to home, but he could not and the entire record was silent in that respect---Circumstances established that the prosecution failed to establish its case beyond doubt---Appeal against acquittal was dismissed, in circumstances.

NOOR MUHAMMAD KHAN vs State Ss — 2021 PCrLJ 1758 PESHAWAR-HIGH-COURT

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