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

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State VS FAIZULLAH Ss. 302, 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Appeal against acquittal---Prosecution case was that the accused persons, duly armed with Kalashnikovs, made indiscriminate firing at complainant party, as a result of which, son of complainant got hit and died---Motive for the offence was stated to be a dispute over women folk---In the present case, the complainant was the only eye-witness who was examined and the prosecution case hinged upon the testimony of complainant who was also father of the deceased---Despite allegation of indiscriminate firing by four accused with the Kalashnikovs, question arose as to how the complainant escaped unhurt---Explanation given by complainant did not appeal to prudence---Complainant stated that after the occurrence they arranged a cot and vehicle for the deceased and took the dead body to the hospital, however, he was unable to disclose the names of persons who arranged the cot and the vehicle---Admittedly, the occurrence took place in a market and according to the complainant people were present at the time of occurrence, but none from them was cited as witness---Deceased succumbed to the injuries on the spot, but his dead body was shifted to hospital despite the fact that police station was situated at a distance of 1-½ furlong from the spot---Scribe of the report stated that the place of occurrence was situated inbetween the police station and hospital, so why the report was not lodged at the police station, rather the dead body was shifted to hospital where report was lodged---Circumstances established that the prosecution 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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