NAIK NAWAZ alias SHEKAR vs State Ss — 2021 YLR 872 PESHAWAR-HIGH-COURT

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NAIK NAWAZ alias SHEKAR VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Chance witness---Scope---Accused was charged that he and co-accused made firing upon the complainant party, due to which the nephew of complainant and another person were hit and died, whereas three persons sustained injuries---Motive was shown to be the previous blood feud between the parties---Complainant stated that at the time of incident lights were glowing where he could see the accused and the deceased at the time of incident and prior to it---Motive was though stated to be blood feud between the parties where brother of the complainant was murdered leading to a charge against the accused/assailants and that the deceased fell prey to the same, but the presence of the complainant had objection, that why he was not targeted being the prime target visible to the assailants as the bulbs were on---Complainant was still to answer that why other male members of his house did not accompany to the spot/musical show as on one hand it was pitched dark and on the other, they had a blood feud---Complainant admitted that his three sons were present at home and his other brother was also living in the said house and were present at the time when the complainant left the house, but his coming alone tells otherwise and it casted doubt on his veracity---Complainant as well as the injured eye-witnesses admitted that the number of the people gathered on the spot would be more than 80/90---Admittedly the dancing 'Athan' was in progress in a circle---Assailants resorted to indiscriminate firing and that why the people dancing in circle intervening between the parties did not receive firearm injuries, as in that eventuality numerous people should have received injuries, that too when four persons duly armed with sophisticated weapons were firing---Deceased had left for the musical show after performing his Isha Prayer and that when the assailants were also present at the place of incident, right from the beginning, i.e. when the program was not yet started then what precluded the accused/assailants to kill the deceased soon after reaching to the place of incident and that what kept them waiting till arrival of the complainant---Said situation told nothing but that the complainant was a chance and interested witness---Circumstances established that the prosecution had failed to prove its case against the accused---Appeal against conviction was allowed, in circumstances.

NAIK NAWAZ alias SHEKAR vs State Ss — 2021 YLR 872 PESHAWAR-HIGH-COURT

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