State vs FAIZULLAH Ss — 2021 YLR 163 PESHAWAR-HIGH-COURT

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State VS FAIZULLAH Ss. 302, 324 & 34---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Appeal against acquittal---Withholding of best evidence---Effect---Prosecution case was that accused persons, duly armed with Kalashnikovs, made indiscriminate firing at complainant party, as a result of which, son of complainant got hit and died---Record showed that two witnesses identified the dead body before the police at the time of preparation of the inquest report and later on before the doctor when he was conducting the post mortem examination---Presence of those witnesses on the spot at the time of occurrence could not be doubted as they were the people who accompanied the dead body from the spot and their names were put in the calendar of the witnesses but during trial they were abandoned---Prosecution failed to explain as to why those witnesses were not produced they were independent and disinterested witnesses---Had they been produced they would have told the truth, but their non-production gave an inference that they were not ready to support the false charge of the complainant against the accused---Article 129(g) of Qanun-e-Shahadat, 1984 would cater the said situation---Prosecution came with an excuse that those witnesses could not be produced being close relatives of the accused and it feared that they would not support the prosecution case---Said explanation did not appeal to a prudent mind---Circumstances established that the prosecution had failed to prove the guilt of the accused beyond reasonable doubt---Appeal against acquittal was dismissed, in circumstances.

State vs FAIZULLAH Ss — 2021 YLR 163 PESHAWAR-HIGH-COURT

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