JABIR ALI SHAH vs BABAR ALI SHAH Ss — 2021 YLRN 44 PESHAWAR-HIGH-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

JABIR ALI SHAH VS BABAR ALI SHAH Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Night time occurrence---No source of light---Scope---Accused was charged that he and co-accused committed murder of the father of complainant by firing---Motive behind the occurrence was that the deceased was annoyed on the friendly relationship of his son/accused with co-accused---According to FIR, the occurrence had taken place in the month of August at 09.10 p.m. and by such time evening is dark---Complainant neither in his report/FIR nor in court statement had uttered a single word about the source of light in which he identified the accused---Said fact had also been admitted by the Investigating Officer---Site plan was also silent about availability of any source of light at the spot as no light or lamp had been taken into possession by Investigating Officer, rather he in his statement had admitted that no source of light was disclosed to him by the complainant---In absence of any tangible and concrete evidence to prove the availability of light on the spot at the time of occurrence, identification of the assailants from the distances of 16, 21 and 26 feet, was next to impossible---Such sole ground was sufficient for discarding the testimony of complainant that he was not a truthful witness---Appeal against conviction was allowed, in circumstances.

JABIR ALI SHAH vs BABAR ALI SHAH Ss — 2021 YLRN 44 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported