RIAZ vs State Ss — 2022 PCrLJ 1070 PESHAWAR-HIGH-COURT

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RIAZ VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Presence of eye-witnesses at the spot was doubtful---Chance witnesses---Scope---Accused were charged for committing murder of the son of complainant by firing---Prosecution had examined complainant/ mother of deceased and paternal cousin of the deceased as eye-witnesses---Record showed that when the statement of complainant place in juxtaposition with the site plan and Murasila/FIR, a clear disparity could be seen among the said three pieces of evidence with regard to the place of occurrence---Murasila showed that the complainant mentioned the place of occurrence as her land---Contrary to that, in the site plan the deceased had been shown as ridge between the land of some other person and the non-metalled thoroughfare leading to his house---Keeping in view the contradictions between the site plan, statement of the complainant and Murasila, it could safely be concluded that complainant was not present at the time of occurrence---Testimony of complainant could not be safely relied upon against the accused---Other eye-witness claimed that he had witnessed the accused persons committing murder of the deceased through firing---Said witness, being resident at a distance of about 04 kilometres from place of occurrence as per statement of the complainant, was a chance witness because he had not established his presence on the spot with reasons---Eye-witness stated that altercation between deceased and the accused persons continued for 5/6 minutes during which he watched them from a distance of 30 feet but did not interfere in their altercation and remained silent spectator---Eye-witness though claimed to have shifted the dead body to hospital but he did not identify the deceased before the Medical Officer nor produced his clothes allegedly stained with the blood of deceased to Investigating Officer---Said unusual conduct of the eye-witness casted doubt on his presence on the place of occurrence at the relevant time---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances. Head NotesCase Description

RIAZ vs State Ss — 2022 PCrLJ 1070 PESHAWAR-HIGH-COURT

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