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

Case information

Citation: 2022 MLD 1097 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: MLD
Parties: MUHAMMAD KARIM vs State Ss
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD KARIM VS State Ss.302(b), 324 & 34---Qanun-e-Shahadat (10 of 1984), Art.129(g)---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Withholding material evidence---Scope---Accused was charged that he along with his co-accused made firing, due to which brother of the complainant was hit and died---Prosecution had two important witnesses in its armoury but with no plausible explanation was given that why they were not produced---Injured was one of the most important witnesses, that too, with stamp of injuries on his person, but neither he was produced before the Trial Court nor the need was felt to verify the report of the complainant from him---Investigating Officer did not mention the reasons which stopped him from producing the injured witness before the trial Court---Complainant introduced the presence of one "Y" at the time of incident but, he too was not produced before the Investigating Officer to record his statement regarding the incident---If best available evidence was not produced, then inference must always be drawn against the prosecution, that had he been produced, he would not have supported the false claim of the complainant---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 Notes

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