NASEEB KHAN vs State Ss — 2021 PCrLJ 779 PESHAWAR-HIGH-COURT

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NASEEB KHAN VS State Ss. 302(b), 341, 427 & 34---Qatl-i-amd, wrongful restraint, mischief causing damage to the amount of fifty rupees, common intention---Appreciation of evidence---Benefit of doubt---Contradictions in the statements of eye-witnesses---Scope---Accused was charged that he and co-accused committed murder of father of the complainant by firing---Record showed that the eye-witness had stated in his examination-in-chief that he had been driving the vehicle carrying the deceased then alive as a passenger along with other passengers---Said witness had stated in his cross-examination that he had left the spot of occurrence for his own house after the occurrence---Witness also stated that two persons including eyewitness had also gone with him in his vehicle to their village---Other eye-witness had however, stated, in his cross-examination, that dead body of the deceased had been dispatched from the spot of occurrence towards home at 12:00 p.m. (noon) and that he along with the other eyewitness and other persons had accompanied the dead body---Witness also added that they had been carrying the dead body in a cot on foot---Witness had also stated, further ahead in his cross-examination, that the dead body of deceased had been taken by police from the spot to police station, however, in earlier part of his cross-examination, he had stated that the dead body had been taken by people of the village to house of the deceased---All the said contradictions were material in nature and had been regarding such aspects of the case, which in normal circumstances, were not supposed to be forgotten by a witness who had seen the occurrence or was present there---Said contradictions had created doubt regarding presence of both the said eye-witnesses on the spot to have seen the occurrence---Circumstances established that the prosecution had failed to prove its case beyond reasonable doubt---Appeal against conviction was allowed, in circumstances.

NASEEB KHAN vs State Ss — 2021 PCrLJ 779 PESHAWAR-HIGH-COURT

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