ALLAH WASAYA vs State Ss — 2022 PCrLJ 616 PESHAWAR-HIGH-COURT

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ALLAH WASAYA VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Presence of eye-witnesses at the time and place of occurrence doubtful---Accused were charged for committing murder of the brother of the complainant by firing---Ocular account was furnished by complainant and an eye-witness---Complainant while appearing in the witness box narrated the incident, however, same was belied by the site plan, for the reason that if he was present on the spot, then keeping in view the alleged motive, he would not have been spared by the assailants as no one dare to create evidence against him---Witness had never stated the purpose of his presence on the spot at the relevant time---Site plan showed neither house of the deceased nor that of the complainant---If the complainant was accompanying the deceased at the relevant time, then he had been shown in the site plan at proper point while the deceased was shown in the site plan at the point he was accompanying his brother towards School, but according to the site plan, he had already crossed the accused and was at a distance of 50 paces from the deceased when the occurrence allegedly took place---Conduct of complainant and witnesses coupled with report made on the spot led that it was an unseen occurrence and the witnesses were not present at the time of occurrence---Alleged eye-witness had not named the complainant in his Court statement and also denied his examination by police under S. 161, Cr.P.C.---Presence of both the eye-witnesses on the spot at the time of occurrence was shrouded in mystery, therefore, same could not be relied upon for sustaining conviction on a capital charge---Circumstances established that the prosecution failed to prove its case against the accused person beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances. Head NotesCase Description

ALLAH WASAYA vs State Ss — 2022 PCrLJ 616 PESHAWAR-HIGH-COURT

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