State vs QAMAR ZAMAN S — 2022 YLR 1556 ISLAMABAD

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State VS QAMAR ZAMAN S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Contradictions in statements of witnesses---Scope---Accused was charged for committing murder of his wife and another person by firing---Timings mentioned in the testimony of uncle of lady deceased were contradicted by depositions of other witnesses---Complainant in his examination-in-chief had deposed that the couple had visited his house on the day of occurrence and had left at 10:00 p.m. while he received information regarding the occurrence at about 11:00 p.m.---According to complainant the Investigating Officer had left the crime scene for about 30 minutes and when he returned, the accused was in his custody and that the latter was handcuffed---Complainant further deposed that the accused had led to the recovery of the firearm weapon i.e. 30 bore pistol from underneath the pillow---Furthermore, in his cross-examination he took an altogether different stance---Complainant deposed that when the Investigating Officer reached the crime scene, he carried out a search of all the rooms of the house and that it was during the said search that the firearm weapon i.e. 30 bore pistol was recovered---Statements of the said private witnesses had not been able to persuade that they were confidence inspiring, credible or trustworthy for handing down a conviction---Material contradictions raised serious doubts regarding the veracity and trustworthiness of the depositions---Circumstances showed that the prosecution was not able to bring on record unimpeachable evidence, therefore, certainty of guilt could not be established beyond a reasonable doubt---Appeal against conviction was allowed, in circumstances.

State vs QAMAR ZAMAN S — 2022 YLR 1556 ISLAMABAD

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