The STATE through Advocate General Khyber Pakhtunkhwa, Peshawar vs ARIF MOMEN Ss

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The STATE through Advocate General Khyber Pakhtunkhwa, Peshawar VS ARIF MOMEN Ss.302 & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Unnatural conduct of complainant---Chance witness---Scope---Accused was charged for making firing upon the complainant party, due to which maternal uncle of complainant was hit and died---Motive for the offence was stated to be previous blood feud between the parties---Complainant stated that the deceased had no ill will with the acquitted accused and that was on record that in fact the blood feud did exist between the complainant and accused---Why the deceased was chosen as the target, when the complainant being the prime target was present on the spot was not understandable---Complainant, eyewitness and the deceased were maintaining a distance of two paces, whereas the accused had been shown at a distance of nine paces, with no hindrance in between, so while lying on the ground the complainant if present would have been the easiest target---Complainant stated that at the time of incident he was armed with a Kalashnikov---When the accused was leaving the spot why accused was not fired at by the complainant---Had complainant been present on the spot, duly armed, the result would have been otherwise---Complainant displayed an unnatural conduct when he stated that the co-villagers accompanied dead-body to the hospital and he came to the spot from Police Station---Surprisingly, both the witnesses did not identify the deceased at the time when the inquest report was prepared and even at the time of post mortem examination---Circumstances established that the prosecution failed to establish the charges against the accused through cogent, coherent and confidence inspiring evidence---Appeal against acquittal was dismissed, in circumstances. Head Notes

The STATE through Advocate General Khyber Pakhtunkhwa, Peshawar vs ARIF MOMEN Ss — 2022 MLD 617 PESHAWAR-HIGH-COURT

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