HANIFULLAH alias PENTAR vs HABIB UR REHMAN Ss — 2021 YLR 899 PESHAWAR-HIGH-COURT

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HANIFULLAH alias PENTAR VS HABIB UR REHMAN Ss. 302(b), 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Contradiction and improvements in the statements of witnesses---Scope---Prosecution case was that the accused party made firing upon the complainant party, due to which two persons died including the son of complainant---Prosecution had examined two eye-witnesses, the complainant and a shopkeeper---Both the witnesses went on constant improvements with the sole purpose to bring their statements in line with the prosecution story---Record told that the complainant did not utter a word in his report that they ran away from the spot and the accused fired at them, however, in his court statement, complainant stated that when the accused reached to the place of incident and started firing on the deceased he along with the eye-witness ran away from the spot and the accused were firing at them from behind---No empty was recovered as it was in the statement of the complainant that the accused made ten fire shots at them---Witness/ shopkeeper was shown in the site plan, prepared at the instance of complainant, in middle of the door of the shop and an impression was given that at the time of firing he was watching the incident, however, said witness stated that he rushed inside the shop to take shelter and that he came out when the accused had left the spot---Said witness when realized the blunder he committed, he went on to say that he had seen the accused before firing while pulling out their pistols---Said witness failed to prove his presence at the spot, particularly when he went in open contradictions with the complainant---Said improvements on part of the witnesses caused a greater damage to the case of the prosecution and the witnesses had lost their worth and credibility---Circumstances established that the prosecution had failed to prove its case against the accused---Appeal against conviction was allowed, in circumstances.

HANIFULLAH alias PENTAR vs HABIB UR REHMAN Ss — 2021 YLR 899 PESHAWAR-HIGH-COURT

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