GHULAM SARWAR vs KHUDA BUX Ss — 2022 YLR 1519 FEDERAL-SHARIAT-COURT

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GHULAM SARWAR VS KHUDA BUX Ss. 302, 364, 337-F(i), 337-H(2), 506(2), 147, 148 & 149---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(3)--- Qatl-i-amd, kidnapping or abduction in order to murder, ghayr-jaifah-damiyah, rash and negligent act, rioting, rioting armed with deadly weapon, unlawful assembly, haraabah---appreciation of evidence---appeal against acquittal---Dishonest improvements made by witnesses---Scope---accused were charged for assaulting on the complainant party, kidnapping its one member and later on committing his murder---allegedly complainant and mashirs identified the dead body of the deceased---Investigating Officer stated that he collected blood stained earth sealed it in a box there and then prepared Lash Chakas Form, Danistnama and memo of inspection of dead body in presence of mashirs, but in the cross-examination he had stated that he gave ring to the complainant, who alongwith mashirs reached there---according to mashir, who happened to be the real brother of deceased, he and co-mashir firstly reached at police station wherefrom they together with the police including Investigating Officer proceeded and went to the place of vardat in police mobile---Mashir stated that he and co-mashir were sitting on the back seat of the police mobile while Investigating Officer was sitting on the front seat of the police mobile---at that time except mashir and co-mashir no other private person was present in the police mobile---Complainant did not state about his and mashirs identifying the dead body of deceased, but instead he stated that on receiving information through his peasant/Hari on cell phone he along with his uncle mashir in his Jeep went to the pointed place where dead body of deceased was alleged to be lying where they did not find the dead body of deceased---Complainant stated that, the persons available there informed them that the police had already shifted dead body to Hospital and then he accompanying mashirs and his driver came to the Hospital where they came to know that the proceeding of post-mortem of deceased was in process---Such dishonest and deliberate improvements made by the witnesses during the trial rendered the prosecution case highly doubtful---Circumstances established that the finding of acquittal, rendered by the Trial Court was neither arbitrary nor was capricious---appeal was dismissed accordingly.

GHULAM SARWAR vs KHUDA BUX Ss — 2022 YLR 1519 FEDERAL-SHARIAT-COURT

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