ZAIN-UD-DIN vs NOOR MUHAMMAD Ss — 2022 PCrLJN 26 PESHAWAR-HIGH-COURT

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ZAIN-UD-DIN VS NOOR MUHAMMAD Ss. 302(b) & 34---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, common intention---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Withholding material evidence---Scope---Accused were charged for committing murder of father of the complainant by firing---Both the motorcycles allegedly left on the spot were not taken into possession by the Investigating Officer---Investigating Officer did not record the statement of a person, in respect of his conversation with the eye-witness---Investigating Officer did not associate one "Q", who allegedly reached to the place of incident soon after the deceased was fired at---Had he been associated with the investigation he would have disclosed the presence or absence of the witnesses on the spot---Lack of interest on part of the prosecution to associate those two important witnesses with investigation told nothing, but that they were not supporting the prosecution case---Article 129(g) of the Qanun-e-Shahadat, 1984, catered for the said situation---Circumstances established that the acquittal judgment was well reasoned, which called for no interference---Appeal was dismissed accordingly. Head Notes

ZAIN-UD-DIN vs NOOR MUHAMMAD Ss — 2022 PCrLJN 26 PESHAWAR-HIGH-COURT

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Judgment text as reported