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---Medical evidence did not support the ocular account---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---Five real brothers had been charged, where one of the deceased received one firearm injury and the other two firearm injuries---Investigating Officer collected six empties of .30 bore from the place of occurrence---Number of injuries did not commensurate with the number of accused and even the Forensic Sciences Laboratory Report did not support the case of the prosecution, as the collected empties after chemical examination were found to have been fired from one 30 bore pistol---Said piece of evidence had lost its integrity and could not be taken against the accused as valid piece of evidence---Seat of injuries on persons of the deceased and the places of the assailants where they were standing at the time of firing found no support from the medical evidence, as one of the deceased had received two firearm injuries from the back side whereas the other from left to right, however, the circumstances suggested that the deceased were facing the accused at the time of incident---One of the deceased received an entry wound right with its exit to left which further belied the stance of the prosecution---Had the deceased been facing the accused or having his back exposed to the accused then either the entry would have been on the front or back, but not from left to right, so it could safely be concluded that the medical evidence did not support the case of prosecution---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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