BAD SHAH JAMIL vs MUHAMMAD JANBAZ KHAN Ss — 2021 YLR 1745 PESHAWAR-HIGH-COURT

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BAD SHAH JAMIL VS MUHAMMAD JANBAZ KHAN Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Ocular and medical evidence---Conflict---Effect---Accused was charged for committing murder of the cousin of complainant, whereas the co-accused made firing upon the complainant, but he escaped unhurt---In the present case, deceased was shown in sitting position, then the seat of injuries on the person of the deceased did not support the stance of the complainant and there was an open conflict between the medical evidence and ocular account---If in fact the stances so taken were placed in juxtaposition then the medical evidence did not support the case of the prosecution, if the deceased was sitting then his left was exposed to the assailant and in that situation the entry wounds which found its exits on the left side of his body were against the medical evidence and so was the case while walking with his back exposed to the assailant---Witness stated that the accused resorted to indiscriminate firing, if so, then why no more empties were recovered as admittedly, only three empties of 7.62 bore were recovered from the spot---Even no bullet marks on the surrounding walls were noticed---Empties were recovered from a considerable distance from the position of the accused that too towards left of the accused which spoke nothing but mala fide on part of the complainant and it strengthened the stance taken by the defence that the complainant was not present at the time when the deceased was done to death---Circumstances established that the prosecution had failed to prove its case against the accused---Appeal against conviction was allowed, in circumstances.

BAD SHAH JAMIL vs MUHAMMAD JANBAZ KHAN Ss — 2021 YLR 1745 PESHAWAR-HIGH-COURT

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