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---Non-availability of source of light---Effect---Accused were charged for committing murder of father of the complainant by firing---Motive behind the occurrence was that the deceased was annoyed on the friendly relationship of his son/accused with co-accused persons---First Information Report showed that the occurrence had taken place in the month of August at 9.10 p.m. and by such time the dark completely prevail---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 was taken into possession by the Investigating Officer---Foot notes of the site plan clearly mentioned that the spot was inspected and site plan was prepared with the help of headlights of vehicle and torch---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 distance of 16, 21 & 26 feet was next to impossible, what to speak of identifying firing of a particular person hitting the deceased---Said sole ground was sufficient for discarding the testimony of complainant that he was not a truthful witness---Appeal against conviction was allowed, in circumstances.

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

Case information

Judgment text as reported