SHAH JEHAN vs ILYAS GUL Ss — 2021 YLRN 135 PESHAWAR-HIGH-COURT

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SHAH JEHAN VS ILYAS GUL Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Ocular account not supported by the medical evidence---Scope---Accused were charged that they made firing upon the complainant party, as a result brother of the complainant was hit and died---Contents of FIR revealed that the deceased on receipt of injuries at the hands of the accused at 09.45 am died at the spot but his that statement was totally belied by the medical evidence as well as statement of witness, who had escorted the dead body of the deceased from Police Station to the Mortuary---Occurrence as per record took place at 9.45 am while the medical report revealed that the deceased died at 10.50 am---Statements of said witnesses led to draw an inference that evidence furnished by them suffered from inherent improbabilities, improvements and contradictions, which were sufficient to discard their evidence---No doubt, medical evidence supported the prosecution story to the extent that the deceased died due to fire arm injury and not beyond but medical evidence did not establish the identity or the involvement of the accused in the crime---Medical evidence could be used to support the ocular testimony or any other incriminatory evidence---Ocular testimony having been found not confidence inspiring, therefore, the same was of no use to prosecution---Circumstances established that the judgment of the Trial Court was not perverse or was a result of complete misreading or non-reading of evidence on record---Appeal against acquittal was dismissed, in circumstances.

SHAH JEHAN vs ILYAS GUL Ss — 2021 YLRN 135 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported