MUDASAR SHAH vs State Ss — 2021 YLR 2194 PESHAWAR-HIGH-COURT

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MUDASAR SHAH VS State Ss. 302(b), 324, 34, 109 & 212---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, abetment, harbouring offender---Appreciation of evidence---Benefit of doubt---Un-natural conduct of complainant---Scope---Accused were charged for committing murder of sister of the complainant and also injuring his brother---Deceased had earlier been engaged with absconding co-accused whose engagement had later on ended, which fact was disclosed as motive for commission of the offence---Record revealed that prosecution had mainly been relying upon testimony of the sole eye-witness, who had also been complainant in the case---Complainant strangely had left behind his injured brother as well as his deceased sister and had rushed to the house where he had also taken his cousins with him and chased the accused---During the long chase of two hours and forty minutes, he had almost forgotten his brother and sister which he had left on the spot---Nobody else from the house had come out and taken the injured to the hospital or lodged report of the occurrence with promptitude, which was need of the hour---Had complainant been present in the company of his sister and fired at by two of the accused simultaneously, his escape in such a situation might be deemed requiring an explanation, for which purpose the assertion of running towards graveyard might have been added to the story---Said display of unnatural conduct by the sole eye-witness created substantial doubt about presence of the complainant and witnessing the occurrence---Circumstances established that the prosecution had not been able to prove its case against the accused beyond reasonable doubt---Appeal against conviction was allowed, in circumstances.

MUDASAR SHAH vs State Ss — 2021 YLR 2194 PESHAWAR-HIGH-COURT

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