MUHAMMAD SHEERAZ vs State Ss — 2021 PCrLJN 26 PESHAWAR-HIGH-COURT

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MUHAMMAD SHEERAZ VS State Ss. 324, 148 & 149--- attempt to commit qatl-i-¬amd, rioting armed with deadly weapon, unlawful assembly---appreciation of evidence---appeal against acquittal---Ocular and medical evidence---Contradictions--- Scope---Prosecution case was that the accused party duly armed with firearms emerged one after the other and started firing at complainant, as a result of which, he sustained injury---Motive for the offence was previous criminal litigation---Ocular account of the occurrence had been furnished by two witnesses including complainant---Complainant in his report had mentioned that all the acquitted accused/respondents came to the spot one after the other and started firing---Next sentence of report revealed that complainant had differentiated the role of the accused persons and attributed the role of first fire to accused, which hit him on his right buttock, while the subsequent firing, as a result of which, he sustained injury on his left buttock was attributed to co-accused persons---Evidence furnished by Medical Officer showed that three entry wounds 1 x 1 cm were found on left hip, while entry wound of 3 x 1.5 cm was found in upper aspect of right hip---During cross-examination, the said witness admitted that he had not given the duration of the injuries in his report---Medical Officer had also admitted that no exit wound was found against all the four entry wounds and no spent bullet was extracted from the wounds---Benefit of omission of such material facts from the medical report would definitely be extended to the defence and no reliance could be placed on such report, in circumstances---Obviously, in the event of indiscriminate firing by six persons simultaneously, it was absolutely impossible for a victim to note with exactitude that whose fire hit him on a particular part of his body---Medical evidence showed that the injured complainant was fired at back side in view of the locale of injuries---No one could take notice of firing being made from behind him---Story narrated by the complainant in his report suggested that the occurrence had not taken place in the mode and manner as alleged by him---admittedly, the injured was shifted to hospital in a vehicle but neither registration number of the vehicle nor the name of driver was disclosed by the complainant, which created doubts regarding shifting of injured in the manner as alleged in the statements or witnesses---Circumstances established that the prosecution had failed to bring home charge against the accused persons and order of their acquittal being unexceptionable needed no interference---appeal against acquittal was dismissed, in circumstances.

MUHAMMAD SHEERAZ vs State Ss — 2021 PCrLJN 26 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported