IRFAN ALI vs State Ss — 2022 PCrLJ 1222 PESHAWAR-HIGH-COURT

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IRFAN ALI VS State Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Last seen evidence---Scope---Allegation against the accused was that he committed murder of the son of complainant---Witness of last seen evidence stated that at Maghrib Qaza Wela, he had seen the rickshaw of the deceased along with two unknown persons---One of them was driving the rickshaw, whereas the other was sitting on the rear seat with the deceased, on query he was told that they were going to a village on a special trip---Said witness stated that on following day, he came to know regarding missing of deceased along with his rickshaw---Said witness further stated that he came to know regarding the death of the deceased and as such, he attended his funeral ceremony---Held, it was yet to know that when the witness had seen the deceased, that too, in company of accused, what stopped him to convey the same to the father of the deceased, either on the day when he lastly saw the deceased with the accused or when he came to know regarding the death of the deceased---Said witness when had not contacted father of the deceased and had not shared his information with him, then how the local police came to know that said witness was the person who lastly saw the deceased in company of the accused and that how the local police reached to his house and recorded his statement under S. 161, Cr.P.C.---During cross-examination, said witness disclosed that he was informed by the complainant to reach Central Prison to attend the identification parade and that on the following day he reached there---Prosecution was to explain that whether said witness had lastly saw the deceased in the company of the accused and as to whether while making his statement, he disclosed the physical features of the accused---Conduct of said witness was not above board, as his presence, at the time when he lastly saw the accused and deceased together, was not established on the record---Circumstances established that the prosecution could not succeed in bringing home guilt against the accused---Appeal against conviction was allowed, in circumstances. Head NotesCase Description

IRFAN ALI vs State Ss — 2022 PCrLJ 1222 PESHAWAR-HIGH-COURT

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