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---Benefit of doubt---Scope---Allegation against the accused was that he committed murder of the son of complainant---Record showed that initially the Investigating Officer collected different suspects from the surrounding area and one of them being accused whose foot matched to the mould collected from the spot by the tracer---Police Official who collected the foot prints from the spot with the help of plaster of paris was examined---Said witness stated that soon after the recovery of the dead body he was informed and directed to reach the place of incident where on arrival he found hundreds of people present there, along with the Police Officials including the Investigating Officer---High Court observed that surprisingly, when a good number of people were present there, how the tracer could collect and separate the one which matched with the foot of the accused---If it was admitted that a host of people was present there, then instead of one, the tracer should have collected numerous and in that eventuality it was incumbent upon the Investigating Officer to invite those people to identify their foot prints with those collected from the spot---Investigating Officer did not take pain to indulge in such an exhaustive exercise and that lack of interest on part of the Investigating Officer reacted upon the veracity of the collected evidence from the spot---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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