MUKHTAJ vs EBN-E-AMIN Ss — 2022 MLD 384 PESHAWAR-HIGH-COURT

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MUKHTAJ VS EBN-E-AMIN Ss.302(b), 148 & 149---Qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---No justification for the presence of eyewitness at the time of occurrence---Scope---Accused persons were charged for committing murder of the complainant then injured and his son by firing---Motive for the occurrence was stated to be previous blood-feud---Ocular account was furnished by step brother of deceased---Name of said witness though was mentioned in the FIR as an eyewitness of the occurrence, however, presence of the said witness on the spot at the time of occurrence was doubted for the reasons that initially he was not with the victims when they left for other place---Witness had stated that he went behind his brother and nephew when they got late---Evidence of said witness nowhere showed that he was aware of both the deceased going to bazar and when he had no knowledge of the victims for their going to bazar, then how he left for their search to the particular place i.e. the bazaar---Witness stated that the wife of the deceased had not informed him about the specific places in the bazaar nor the name of the person with whom they had to meet---When neither the specific place was known to the witness nor the person whom the deceased had gone to meet, then his seeing the deceased and that too at the time of occurrence could only be termed an extraordinary happening---High Court observed that extra ordinary event had to be properly explained by the person who claimed to have seen it which was not the case in hand---No doubt, sometime extraordinary events took place but in the attending circumstances of the case, presence of eyewitness was not believable on the spot as neither he knew the person whom his brother and nephew had gone to meet nor the place of their visit anywhere, therefore, arrival of the witness on the spot at the time of occurrence was doubtful, hence his evidence could not be believed---Circumstances established that the prosecution had not proved the case against the accused persons beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances. Head Notes

MUKHTAJ vs EBN-E-AMIN Ss — 2022 MLD 384 PESHAWAR-HIGH-COURT

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