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---Non-availability of justification for the presence of complainant at the spot---Chance witness---Scope---Accused were charged for committing murder of the cousin of complainant by firing---Motive behind the occurrence was previous blood feud between the parties---Occurrence had taken place at 06.45 p.m., which had been reported by complainant at 08.10 p.m. wherein he had charged the accused along with absconding co-accused for committing murder of deceased with firearms---Complainant, alleged eye-witness, was real cousin of the deceased---Though, evidence of complainant could not be discarded on the sole ground that he was close relative and interested witness, but necessary caution had to be observed in accepting his evidence because it was generally approved proposition that in case of rivalries and enmities, there was general tendency that a person from victim side would pose himself as eye-witness of the occurrence and would rope in the influential members of rival side for participating in the assault with a particular designed role---Veracity of said witness had to be examined with utmost care and caution, particularly, with regard to his presence at the spot at the time of occurrence when he had not disclosed the purpose of his visit to the spot---In the initial report the complainant had not stated a single word as to when and how he met the deceased and they both reached the spot---Complainant had also not disclosed the purpose of his visit to the spot---Complainant was also a chance witness---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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