SALIH MUHAMMAD alias SAWAL vs State Ss — 2022 PCrLJ 173 PESHAWAR-HIGH-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

SALIH MUHAMMAD alias SAWAL VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Chance witnesses---Scope---Accused were charged for committing murder of the complainant/deceased---Prosecution had been relying upon statement of two eye-witnesses including brother of the deceased complainant---Brother of the complainant/witness stated that on the day of occurrence he had been going to bazaar on foot as he had been serving in a shop there---In the meanwhile, his deceased brother had passed beside him while driving his tractor, went ahead and took a turn---Said witness further stated that as soon as his brother took the turn he heard fire shots and thereby speeded up his pace---Other eye-witness was also stated to be going there and had seen the occurrence---Said witness also stated that complainant had been fully in senses and conscious and had reported the matter in the hospital to the Police Official on duty---Motive was also stated to be a dispute over fourteen thousand rupees---In his cross-examination, the witness stated that he had been residing in a separate house from the deceased---Said witness had suddenly happened to have witnessed the occurrence and had been a chance witness---Brother of complainant/eye-witness though stated that he had been serving in a shop and had been going to bazaar on foot but such an explanation was not sufficient to fully establish presence of the witness at the scene of crime, right at the time of commission of the offence---Unnatural that witness had been going on foot while his brother had been driving a tractor to same destination, neither the brother had asked the witness to board the tractor nor he had boarded the same---Explanation given by the said witness was not found believable---Other eye-witness had also given a similar narration---Said witness had not stated that the brother of deceased had also been present at the time of occurrence and witnessed the crime---Said witness had not been specifically named in the FIR to have seen the occurrence---Said witness was also a chance witness as he had also reached the place of occurrence per chance---Witness could not satisfactorily explain the reason of his presence at the spot at the time of commission of the offence---Testimonies of said witnesses could not therefore safely be relied upon for convicting the accused on a capital charge--- Appeal against conviction was allowed, in circumstances. Head NotesCase Description

SALIH MUHAMMAD alias SAWAL vs State Ss — 2022 PCrLJ 173 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2022 PCRLJ