MIR ALI SHAH vs State Ss — 2022 YLRN 169 PESHAWAR-HIGH-COURT

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MIR ALI SHAH VS State Ss. 324 & 337-F(vi)---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Attempt to commit qatl-i-amd, ghayr-jaifah-munaqqillah, possession of unlicensed arms--- Appreciation of evidence--- Benefit of doubt--- Unseen occurrence--- Scope--- Accused was charged for injuring the complainant by firearm---Admittedly, the occurrence had remained unseen because prosecution had not examined any eye-witness of the occurrence---Even the injured complainant himself had not seen the accused at the time of firing nor he had claimed to have seen him fleeing from the spot after the occurrence, as such, he did not charge any accused in the initial report and the FIR was registered against some unknown assailants---Injured complainant had died a natural death, therefore, he could not be examined by prosecution during the trial proceedings---Status of FIR lodged at instance of a person who died afterwards a natural death was that of his statement under S.161, Cr.P.C. and nothing more---Statement of complainant could not be relied upon unless cross-examined except when the said statement was recorded as dying declaration---Circumstances established that the prosecution had failed to prove its case against the accused to the extent of offences under Ss. 324 & 337-F(vi), P.P.C.---Appeal was partially allowed and accused was acquitted by setting aside conviction and sentence recorded by Trial Court under Ss. 324 & 337-F(vi), P.P.C., whereas the prosecution proved its case under S.15 Arms Act, thus appeal to the extent of said offence was dismissed. Head Notes

MIR ALI SHAH vs State Ss — 2022 YLRN 169 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported