NAJAF ALI SHAH vs State Ss — 2021 SCMR 736 SUPREME-COURT

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NAJAF ALI SHAH VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Reappraisal of evidence---Admittedly the complainant was the step paternal grandmother of the accused and the step mother of the co-accused---First plea of accused before the investigating officer soon after his arrest was that his father (co-accused) had asked him to come to the place of occurrence, but he reached the spot after the incident---Said plea of accused was never taken into consideration by the courts below---According to the own showing of the complainant, the occurrence took place on a January evening in peak winter season, whereas no source of light had been mentioned in the FIR---Prosecution had neither established the source of light nor taken into possession the bulb to substantiate that the prosecution witnesses had seen the occurrence in the light of a bulb---In such circumstances the presence of the witnesses, who claimed to have seen the occurrence without any hinderance, appeared to be doubtful---In spite of arms carried by accused and co-accused persons, which were intensely used during the occurrence, the complainant did not receive even a single scratch and instead in midst of such commotion, she noted with great accuracy the persons who fired and the parts of the body where the fires hit the deceased persons---Prosecution story that the assailants had not even made an attempt to cause any injury to the prosecution witnesses enabling them to appear against them during trial also did not appeal to common sense---Brutality of the assailants could be gauged from the facts and circumstances which did not leave any room to consider that they had no intention to cause any injury to the witnesses when they were extremely cruel towards the male members of the same family with the same motive---Petition for leave to appeal was converted into appeal and allowed and the accused was acquitted of the charge.

NAJAF ALI SHAH vs State Ss — 2021 SCMR 736 SUPREME-COURT

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