KHYAL WAZIR MUHAMMAD vs ABDUL JABIR Ss — 2021 YLR 2294 PESHAWAR-HIGH-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

KHYAL WAZIR MUHAMMAD VS ABDUL JABIR Ss. 302 & 34---Qatl-i-amd, common intention---Appeal against acquittal---Appreciation of evidence---Benefit of doubt---Accused were charged for committing murder of wife of complainant and another person by firing---Perusal of the record revealed that the accused, no doubt, had been charged by the complainant in his first report but when complainant appeared before the court as witness, he entirely deviated from the story as narrated by him in his report---Complainant was declared hostile and, accordingly, he was cross-examined by the prosecution---Complainant, stated in cross-examination, that he did not know as to who made fire because at the time of firing he was sleeping---Complainant further stated that his wife was done to death inside the room while the male deceased in the door of the room---Said witness admitted that he had signed the white blank paper inside the ambulance and his identity card etc. was taken from him in the presence of a Councillor---Witness stated that he did not know as to what the local police had written in the report---During cross-examination, nothing was extracted from the mouth of complainant to connect the accused with commission of offence---Since the statement of the complainant was not worthy of credence, therefore, no reliance could be placed on his testimony, particularly, in a case entailing capital punishment---Circumstances established that the Trial Court had attended to the relevant evidence on record on its true perspective and its findings found support from the material available on the file, therefore, the acquittal recorded by the Trial Court was maintained and the appeal, being without any substance was dismissed, in circumstances.

KHYAL WAZIR MUHAMMAD vs ABDUL JABIR Ss — 2021 YLR 2294 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2021 YLR