MUHEEB ULLAH vs State S — 2021 YLR 2033 PESHAWAR-HIGH-COURT

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MUHEEB ULLAH VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Ocular account and medical evidence---Contradictions---Accused was charged for committing murder of his own brother by firing---Motive behind the occurrence was stated to be domestic quarrels---Admittedly, complainant was not an eye-witness of the occurrence as he had attracted to the spot after hearing the fire shots, however, daughter of the deceased claimed to have witnessed the accused firing at her father---Said eye-witness stated that she was carrying water in ewer for her father for the purpose of ablution and while going in front of him towards the washroom situated outside the main gate, the accused fired at her father and she identified him in the light of bulbs---Record showed that the deceased was a healthy man of 49/50 years of age---No evidence on the record to suggest that he was an infirm or ailing person and was depending on others in carrying out his routine activities including carrying of water to washroom for making ablution, thus, there was no logic in the prosecution version that the eye-witness was performing job for her father which he could easily accomplish without the help of his daughter---Even otherwise, the eye-witness was a young girl of 25/26 years at the time of occurrence---Washroom was situated outside of the main gate and a thoroughfare was also passing in front of the house of deceased---Stance of the eye-witness that despite of her fair sex and young age she was leading her father at mid night outside of her house for a pity job seemed ludicrous keeping in view the general temperament of the people of the society---Reason mentioned by the eye-witness regarding her presence near her father was not believable in circumstances---Investigating Officer had also failed either to take the ewer in possession through a recovery memo or assign any point to it in the site plan to prove the aforesaid version of the alleged eye-witness---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of reasonable doubt---Appeal against conviction was allowed, in circumstances.

MUHEEB ULLAH vs State S — 2021 YLR 2033 PESHAWAR-HIGH-COURT

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