ADIL BACHA vs State Ss — 2021 YLRN 51 PESHAWAR-HIGH-COURT

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ADIL BACHA VS State Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---No justification was available for the presence of complainant at the spot---Chance witness---Scope---Accused were charged for committing murder of father of the complainant by firing---Circumstances proved that the deceased after his second marriage had expelled the complainant along with his mother and sister from his house and they were residing in the house of maternal grandfather of the complainant---Complainant used to teach Islamic education to children in the Mosque situated near the house of his grandfather, therefore, presence of the complainant in the house of the deceased was beyond the understanding of a prudent mind---If the relation of the deceased was so strained with mother of the complainant that she along with children was expelled from the house then living of the complainant in the house of his father did not appeal to a prudent mind, in such circumstances---Complainant, in circumstances, was a chance witness---No explanation, much less plausible, had been furnished by the complainant to justify his presence in the house of the deceased---Sufficient circumstances had been revealed by the complainant in his statement on the basis of which his presence in the house of deceased could not be admitted by any stretch of imagination---Circumstances established that the prosecution had failed to prove the guilt of the accused through cogent and confidence inspiring direct or circumstantial evidence---Appeal against conviction was allowed, in circumstances.

ADIL BACHA vs State Ss — 2021 YLRN 51 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported