JOHAR ALI vs State Ss — 2022 PCrLJ 1177 PESHAWAR-HIGH-COURT

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JOHAR ALI VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Contradictions in the statement of complainant---Scope---Accused were charged for committing murder of the cousin of complainant by firing---Initial report showed that the complainant along with witness was sitting with the deceased prior to the occurrence and no sooner they left the deceased, the accused arrived in a motorcar and opened fire at the deceased, but in his court statement, he had not stated a single word about presence of witness when he was allegedly sitting with the deceased---Complainant stated in cross-examination that he had mentioned in the initial report that after the death the deceased was shifted to hospital in vehicle---Said part of his statement also negated his report wherein he had mentioned that deceased sustained injuries and he succumbed to injuries on the way to hospital---Complainant while further contradicting his report deposed that the dead body of deceased was lying on the surface of barren land which was not cultivable---Complainant took the dead body of deceased from the spot and reached to the hospital within half an hour approximately---Said part of his cross-examination was total departure from his initial report, wherein he had stated that deceased was shifted in injured condition from the spot---Complainant further deposed that he was illiterate, therefore, could not sign---Murasila revealed that it also bore thumb impression of the complainant and not his signature---Contrary, in examination-in-chief complainant while blowing hot and cold stated that he signed the recovery memos in respect of blood and bloodstained articles taken into possession by the Investigating Officer from the spot in his presence bearing his signatures---Initial report showed that complainant had not levelled any allegation of firing against the accused at him and witness despite the fact that he was the real cousin of the deceased and on equal footing for the accused---Letting of the complainant by the accused who was at their mercy was also beyond the comprehension of a prudent mind---Had complainant been present at the spot, at the time of occurrence, the strong probability was that he would not have been spared by the accused so as to leave no evidence behind them---Circumstances established that the prosecution had failed to prove the guilt of the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances. Head NotesCase Description

JOHAR ALI vs State Ss — 2022 PCrLJ 1177 PESHAWAR-HIGH-COURT

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