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---Presence of the eyewitness at the place and time of occurrence was doubtful---Scope---Accused was charged that he along with his co-accused made firing, due to which brother of the complainant was hit and died---Motive behind the occurrence was stated to be the blood feud between the parties---Record told that it was the deceased who received the firearm injuries and no injury was caused to the complainant, though the complainant charged the accused for firing at him, but the same proved ineffective---Inter-se distance between accused and the complainant was so short that had he been present and was fired at, he would not have survived, but the circumstances told otherwise---Complainant was yet to explain that when the Investigating Officer reached to the spot, why he did not produce the purchased items---Interesting to note that when the deceased received fatal shot and fell to the ground even then the household articles were in possession of the complainant, which were handed over to one of his villagers---On one hand, the conduct of the complainant was unnatural and on the other, if the said villager was present at the time of incident, what precluded the complainant to disclose his name to the Investigating Officer and that why his name was not included in the calendar of witnesses---Prosecution travelled with strange behaviour, despite the fact the injured was available in the hospital at the time of report, but was not asked to verify the report made by the complainant, that too, in his presence---Presence of the complainant had put in a fix and it was important to search for circumstances that substantiate his claim---Complainant during court statement stated that he hurriedly transported the dead-body of the deceased to the hospital, knowing the fact that the deceased breathed his last on the spot---Complainant when knew that the deceased had died, then why the dead-body was not shifted to the local Police Station, situated at a distance of three furlong and that why the incident was reported in the hospital---Another intriguing aspect of the case was that the report was made to the scribe at 01:30 p.m. who thereafter prepared the injury sheet and inquest report, but the doctor disclosed the time of arrival of the dead-body as 01:15 p.m. and the time of post-mortem as 02:00 p.m.---When dead-body was present before the doctor at 01:15 pm, then how the report was made at 01:30 p.m. and that why the doctor did not conduct the post-mortem examination soon after the dead-body was produced before him---Delay caused gave an inference that all waited for arrival of the complainant, whose village was situated at a distance of one hour travel---Overall circumstances strengthened the belief that after receiving the firearm injuries the deceased was shifted by the people to the hospital, as the complainant was not available at the time of incident---Said fact was further corroborated by the fact that in his report, the complainant specified the weapon of offence as pistol, whereas in the inquest report the word deadly weapon had been used---Had the report been made in the mode and manner, then the scribe instead using the word "firearm" would have used the word "pistol" and the complainant would have also figured in the columns of identification of both the inquest and post-mortem reports---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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