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---Benefit of doubt---Allegation against the accused was that he made firing upon complainant and his cousin, due to which, the cousin of complainant was hit and died while complainant escaped unhurt---Site plan showed that incident occurred on the metalled road while the traffic was plying thereon, but the complainant was least interested to shift the dead body either to police station or to Hospital---Complainant when appeared before the Trial Court stated that he left his village in the company of the deceased and reached to the spot at 05.00 pm---Complainant further stated that the deceased at the time of incident was walking ahead by ten feet when they were fired at---Stance taken by the complainant was belied by the site plan which was prepared on his pointation---Complainant pointed the inter se distance as thirty feet---When both, the complainant and deceased were on foot towards the village to settle a dispute, why they were walking with such an abnormal distance in between---Complainant stated that the accused fired at both of them, but he escaped unhurt as he ran from the place of incident towards the fields---Complainant further stated that while running the accused did not fire at him---Complainant failed to explain that why he was fired at, as he was not connected with the alleged motive---Incident, in fact, occurred at the deserted place with nobody around, both the complainant and deceased were at the mercy of the accused, had the accused the intention to kill the complainant, no hurdle was in between---Complainant stated that while running from the spot, he was not fired at, such explanation of complainant contradicted his own stance---Dead body was lying on the road while the complainant sitting around waiting for arrival of the local police was not normal conduct---Witnesses and local police reached to the spot at one and the same time after hours of the incident---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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