ZAFARULLAH alias ZAFROL vs State Ss — 2022 PCrLJ 1098 PESHAWAR-HIGH-COURT

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ZAFARULLAH alias ZAFROL VS State Ss. 302, 324, 337-F(i), 337-F(ii), 337-D, 186 & 353---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Anti-Terrorism Act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah-damiyah, badiah, jaifah, obstructing public servant in discharge of public functions, assault or criminal force to deter public servant from discharge of his duty, unlicensed possession of arms, act of terrorism---Appreciation of evidence---Prosecution case was that the police party raided the house of the accused, who was proclaimed offender, surrounded the house and warned him to come out, however, he started firing on Police Officials with his pistol, thereby causing serious injuries to four Police Officials, out of which one died, police also fired in their defence as result of which accused was hit and was arrested in injured condition---Record showed that on the application of accused, cross case was registered against Police Officials wherein he charged the Police Officials for attempting at his life by causing him firearm injuries in the same occurrence---Record also showed that only medical report of the injured accused was exhibited in support of which Medical Officer was examined who in his statement had referred to the Medico-Legal Report along with other reports of the injured Police Officials examined by him on the same day---Neither the remaining important documents of the cross case were exhibited in the case nor the respective witnesses were examined---Duty of the defence to have brought on the record the relevant documents of the other file to the file of the present case---Even at the same time the trial Court as well as the prosecution were supposed to bring on the record the real facts of the case and all the available material which had not been done---In absence of the important evidence/documents of the cross case, matter could not be adjudged---Without discussing merits of the case lest it prejudice the case of either side and for doing substantial justice in the matter, remand of the case had become imperative---Appeal was allowed by setting aside impugned judgment and the case was remanded for decision afresh after recording statements of all the essential witnesses. Head NotesCase Description

ZAFARULLAH alias ZAFROL vs State Ss — 2022 PCrLJ 1098 PESHAWAR-HIGH-COURT

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