BAKHT RAWAN vs State Ss — 2021 YLRN 79 PESHAWAR-HIGH-COURT

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BAKHT RAWAN VS State Ss. 302(b), 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Benefit of doubt---Presence of eye-witnesses at the spot was doubtful---Chance witnesses---Scope---Accused was charged for committing murder of mother and sister-in-law of the complainant on the instigation of co-accused---Admittedly, deceased were parda nasheen ladies but were busy in hoeing the maize crop in the fields and complainant was sitting on the rooftop of his house and did not participate with the deceased ladies in the said work which was commonly the job of males in that area---Strange enough that women of complainant's house were involved in altercation with the accused whereafter the occurrence took place which culminated in double murders but the complainant remained silent spectator---Neither complainant defended his nears and dears nor took any step in retaliation against the accused---Complainant did not exhibit the natural conduct usually displayed by people in such like shocking situation---Presence of the complainant near the place of occurrence was doubtful, in circumstances, therefore, his statement was not worth reliance---Assemblage of the eye-witnesses at the same time on the spot at the time of occurrence was also doubtful because the said place was neither a general pathway for common people nor was a public place visited by them as usual---Eye-witnesses, though related to deceased, had also not accompanied the dead bodies to hospital---Eye-witnesses were mere chance witnesses, hence, their presence on the spot at the relevant time was doubtful---Appeal against conviction was allowed, in circumstances.

BAKHT RAWAN vs State Ss — 2021 YLRN 79 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported