ALI NAWAZ vs State Ss — 2022 YLR 1793 PESHAWAR-HIGH-COURT

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ALI NAWAZ VS State Ss.302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Presence of complainant at the spot was doubted---Scope---Accused was charged for committing murder of the brother of the complainant by firing---Record was silent as to what the accused wanted to achieve by bringing the deceased just in front of their house and to kill him---Had that been the motive, the accused would have easily achieved their target in front of the house of the complainant instead of shifting the deceased to the spot---Both, the complainant and the eye-witness, were labourers and working in the brick kiln and it was on record that the distance between the place of occurrence and place of their business was not more than two (2) kilometres---Complainant stated that after receiving firearm injuries, the deceased fell to the ground and survived for five minutes and the accused decamped from the spot---Though it had been stated that the cot was arranged from the nearby house but the complainant categorically stated that neither he nor the eye-witness helped in shifting the dead body of the deceased from the ground to the cot---Such conduct did not appeal to a prudent mind, as in that eventuality the real brothers would have attracted to the dead body soon after the incident and thereafter---Said part of the statement of the complainant gave inference that he was not present on the spot at the time of incident and soon thereafter---Circumstances established that the prosecution had failed to prove its case against the accused beyond any reasonable doubt---Appeal against conviction was allowed, in circumstances. Head NotesCase Description

ALI NAWAZ vs State Ss — 2022 YLR 1793 PESHAWAR-HIGH-COURT

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