MUHAMMAD KARIM vs State Ss — 2022 MLD 1097 PESHAWAR-HIGH-COURT

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MUHAMMAD KARIM VS State Ss.302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Ocular account and medical evidence---Conflict---Scope---Accused was charged that he along with his co-accused made firing, due to which brother of the complainant was hit and died---Complainant in his court statement stated that after purchasing the house hold articles they were proceeding towards the Datson Adda (Bus stop)---Site plan depicted that while moving towards Adda from point of the complainant and deceased, one must face the east and in that eventuality, the deceased must received firearm entry wounds on his front with its exit on his back, but the medical evidence did not support the case of the prosecution---No doubt, medical evidence was confirmatory in nature and it could not outweigh the ocular account provided the ocular account was confidence inspiring---In case where a witness failed to establish his presence on the spot then in that situation resort could be made to the medical evidence, and in that eventuality it was the medical evidence that steered the wheel---Complainant could not convince regarding his presence on the spot when the deceased was done to death, then the conflict between the medical and ocular account could not be ignored---Conflict between the two had damaged the prosecution case beyond repair---Circumstances established that the prosecution did not succeed in bringing home guilt against the accused---Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court, in circumstances. Head NotesCase Description

MUHAMMAD KARIM vs State Ss — 2022 MLD 1097 PESHAWAR-HIGH-COURT

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