AMIR ZEB KHAN vs State Ss — 2022 MLD 282 PESHAWAR-HIGH-COURT

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AMIR ZEB KHAN VS State Ss.302, 324, 337-a(iv), 337-F(ii), 427 & 34---Qanun-e-Shahadat (10 of 1984), art. 47---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-munaqqliah, badiah, mischief causing damage to the amount of fifty rupees or upward, common intention---appreciation of evidence---Transposition of statement of witness already recorded---Scope---accused were charged for making firing upon the brother of the complainant and his companion, due to which, the companion of the brother of complainant died at the spot while his brother sustained injuries---Motive behind the occurrence was land dispute and blood feud---Record showed that initially all the accused remained absconders and the Trial Court recorded the statements of prosecution witnesses and declared the accused persons as proclaimed offenders---Present accused was arrested and his challan was submitted before the Trial Court---Trial Court recorded statements of eleven witnesses whereas the statements of three witnesses including complainant already recorded during proceedings under S.512, Cr.P.C., were transferred to the trial of present accused due to their non-availability by allowing application---Validity---Record transpired that the Trial Court allowed the application on the same date without any notice to the opposite side and statements of injured, Investigating Officer and complainant were accordingly transferred to the trial of the present accused---at the time of the final decision of the case, Trial Court had considered the said statement of the complainant without taking notice of the fact that he had already been abandoned by prosecution---admittedly, prosecution had examined injured therefore, transposition of the complainant was illegal---Once a witness was abandoned by prosecution then the court should have never ordered for transposition of his statement---Since the Trial Court, while convicting the present accused through the impugned judgment, had considered the statement of the said witness which was illegally transferred---High Court observed that it had become inevitable in the circumstances to remand the case to the Trial Court for its decision afresh---appeal was allowed by setting aside impugned judgment and remitted the case to the Trial Court with the directions to decide the case afresh by excluding the statement of complainant. Head Notes

AMIR ZEB KHAN vs State Ss — 2022 MLD 282 PESHAWAR-HIGH-COURT

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