GHULAM JAN vs State Ss — 2022 YLR 1547 PESHAWAR-HIGH-COURT

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GHULAM JAN VS State Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Presence of complainant at the spot was not justifiable---Scope---Allegation against the accused was that he made firing upon complainant and his cousin, due to which, the cousin of complainant died while complainant escaped unhurt---Site plan showed the house of one "F" near the place of incident and also the village abadi at a little distance, but the complainant did not move an inch to ask their help and even no one attracted to the spot till arrival of the local police---Matter was reported to ASI, who stated that on arrival to the spot, only the complainant was present, whereas the dead-body was lying on the ground; he further stated that apart from murasila, he prepared the injury sheet and inquest report---Said witness admitted that no empty was lying on the spot---Police witness admitted the presence of the complainant with the deceased, but maintained silence in respect of the other witnesses---If the inquest report was prepared on the spot, then wherefrom "N" reached, complainant claimed that on his information two persons arrived at the spot---Scribe while preparing the inquest report, mentioned the word "Fire Arm" in the relevant column, whereas the complainant while reporting the matter specified the weapon used as pistol, again in the relevant column the time of death was mentioned as 8.55 a.m. and the complainant also admitted the time of death as 8.55 hours---Had the complainant reported the matter on the spot, then the scribe would have used the word pistol instead of firearm and the time of death as 17:00 hours, instead of 8:55 p.m.---Anomaley on part of the police official to whom the matter was reported led to hold that the matter was not reported on the spot and at the stated time---Circumstances showed that the police conducted preliminary investigation and when attendance of the complainant was procured the matter was reported---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

GHULAM JAN vs State Ss — 2022 YLR 1547 PESHAWAR-HIGH-COURT

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