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---Unnatural conduct of scribe---Scope---Accused was charged that he along with his 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---Record showed that the deceased was allegedly taken to the Police Station where the complainant reported the matter---On completion of the report rest of the injured and other deceased were brought to the Police Station---Inspector penned down the report and prepared the injury sheet along with inquest report of the deceased and it was thereafter when the other three injured and deceased were brought to the Police Station, their injury sheets and inquest report were prepared---Question arose as to when the injured persons reached the Police Station and they were conscious and were capable to speak, why the report was not verified from them and as to why none of the injured was put a rider to the report---Said conduct of the scribe went unnatural when on one hand he did not ask for verification of the report from the injured whereas on the other he did not include S.324, P.P.C. to the report rather Ss.302/34 was mentioned---Had Inspector been a truthful witness he would have added S.324, P.P.C., on arrival of the injured witnesses to the Police Station---Scribe stated that as the FIR was a carbon copy and while making entries in the original FIR Ss.302/ 324/34, P.P.C. were inserted but it found missing in the carbon copy, which he later on corrected---Record revealed that S.324, P.P.C. was later on inserted, without any initial of the scribe---Said particular aspect of the case casted doubt on veracity of the complainant as well as the scribe---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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