Citation Name: 2023 PCrLJ 174 PESHAWAR-HIGH-COURTBookmark this Case HARIS vs ZAHOOR KHAN S

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Citation Name: 2023 PCrLJ 174 PESHAWAR-HIGH-COURTBookmark this Case HARIS VS ZAHOOR KHAN S. 302(b)---Qatl-i-amd---Appreciation of evidence---Motive was not proved---Scope---Accused was charged for committing murder of the son of complainant by firing---Motive behind the occurrence as alleged by the complainant was that the accused was forbidding the deceased from friendship with a person---Record showed that the motive part of the prosecution story remained shrouded in mystery---Said person from whose company and friendship the accused was allegedly forbidding the deceased had neither been examined by the Investigating Officer nor produced in the witness box---Similarly, no other proof in respect of motive had been brought on record by the prosecution---Circumstances established that the Trial Court failed to appreciate the evidence available on record in its true perspective, thus, had arrived at an erroneous conclusion by holding the accused guilty of the offence---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 PCrLJ 174 PESHAWAR-HIGH-COURTBookmark this Case HARIS VS ZAHOOR KHAN S. 302(b)---Qatl-i-amd---Appreciation of evidence---Substitution---Scope---Accused was charged for committing murder of the son of complainant by firing---First Information Report revealed that occurrence had taken place which had been reported on the same day at 08:35 p.m., in emergency room of hospital by father of deceased, wherein he had directly and singularly charged accused for murder of the deceased with firearm--- Accused was directly and singularly charged for murder of the deceased and substitution of accused in such like cases was a rare phenomenon. Citation Name: 2023 PCrLJ 174 PESHAWAR-HIGH-COURTBookmark this Case HARIS VS ZAHOOR KHAN S. 302(b)---Qatl-i-amd---Appreciation of evidence---Delay in sending the weapon of offence and crime empties for analysis---Scope---Accused was charged for committing murder of the son of complainant by firing---Allegedly, .30 bore crime empty had been shown recovered from the spot and the crime pistol after almost a week---Empty had not been sent to the Forensic Science Laboratory on the same day---Similarly, the pistol along with crime empty had also not been sent to the Forensic Science Laboratory, rather sent to the Forensic Science Laboratory after almost a week---Whether empty and the pistol remained during the said period in safe custody or otherwise, no explanation, much less plausible had been furnished by the prosecution---No doubt, Forensic Science Laboratory Report about the crime empty and pistol was in positive, but the empty recovered from the spot should be sent to the laboratory without any delay, failing which such recovery evidence would not be free from doubt and could not be used against the accused---Circumstances established that the trial court failed to appreciate the evidence available on record in its true perspective, thus, had arrived at an erroneous conclusion by holding the accused guilty of the offence---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 PCrLJ 174 PESHAWAR-HIGH-COURTBookmark this Case HARIS VS ZAHOOR KHAN S. 302(b)--- Qatl-i-amd--- Appreciation of evidence--- Presence of complainant at the spot at the time of occurrence was doubtful---Chance witness---Scope---Accused was charged for committing murder of the son of complainant by firing---Ocular account of the incident had been furnished by the complainant/father of the deceased being eye-witness---On reappraisal of the testimony of complainant, it could be held that complainant was not present at the time of occurrence, as such was a procured witness---Complainant had not furnished any explanation, much less plausible, about his presence at the spot along with his brother at the time of occurrence---Complainant had also failed to prove his presence at the spot at the time of occurrence through some strong physical circumstance---Circumstances established that the Trial Court failed to appreciate the evidence available on record in its true perspective, thus, had arrived at an erroneous conclusion by holding the accused guilty of the offence---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 PCrLJ 174 PESHAWAR-HIGH-COURTBookmark this Case HARIS VS ZAHOOR KHAN Benefit of doubt--- Conviction--- Principles--- For recording conviction strong and corroborative evidence of unimpeachable character is required and that findings of guilt against accused must not be based on probabilities to be inferred from evidence, rather must rest surely and firmly on the evidence of unimpeachable character, otherwise, the golden rule of benefit of doubt will be reduced to naught. Citation Name: 2023 PCrLJ 174 PESHAWAR-HIGH-COURTBookmark this Case HARIS VS ZAHOOR KHAN Crime weapon and empty---Sending the weapon of offence and crime empty to the laboratory for analysis---Scope---If the crime empty is sent to the Forensic Science Laboratory after the arrest of the accused or together with the crime weapon, the positive report of the said Laboratory loses its evidentiary value. Citation Name: 2023 PCrLJ 174 PESHAWAR-HIGH-COURTBookmark this Case HARIS VS ZAHOOR KHAN Recovery of weapon of offence and crime empty---Recovery of crime empty or rifle with matching report of Forensic Science Laboratory is a corroborative piece of evidence, which by itself is not sufficient for conviction of the accused in absence of substantive evidence. Citation Name: 2023 PCrLJ 174 PESHAWAR-HIGH-COURTBookmark this Case HARIS VS ZAHOOR KHAN Benefit of doubt---Principle---If any single doubt arises, benefit of the same must be given to accused, as the accused is always considered a most favourable child of law. Citation Name: 2023 PCrLJ 174 PESHAWAR-HIGH-COURTBookmark this Case HARIS VS ZAHOOR KHAN Witness---Presence of eye-witnesses at the spot---Scope---Witness who claimed to be the eye-witness of the occurrence must prove his presence at the spot at the time of occurrence and would satisfy mind of the Court qua his presence through some physical circumstances or corroborative evidence. Citation Name: 2023 PCrLJ 174 PESHAWAR-HIGH-COURTBookmark this Case HARIS VS ZAHOOR KHAN Medical evidence---Scope---Medical evidence is only supporting piece of evidence, which may confirm the ocular account with regard to receipt of injury, nature of the injury, kind of weapon used in the occurrence but it will not tell the name of the assailant. Citation Name: 2023 PCrLJ 174 PESHAWAR-HIGH-COURTBookmark this Case HARIS VS ZAHOOR KHAN S. 302(b)--- Qatl-i-amd--- Appreciation of evidence--- Recovery of weapon of offence from the accused and crime empties from the spot---Reliance---Scope---Accused was charged for committing murder of the son of complainant by firing---Record showed that .30-bore pistol was recovered from possession of the accused and positive Forensic Science Laboratory Report about the said pistol with .30 bore crime empty allegedly recovered by Investigating Officer---However, complainant in his statement had categorically denied recovery of any .30 bore crime empty from the spot by the Investigating Officer in his presence---Besides, .30 bore crime empty had been shown recovered from the spot by the Investigating Officer but the same had not been sent to the Forensic Science Laboratory on the same day, rather was allegedly handed over by him to Moharrir of the Police Station for safe custody---Accused had been shown arrested by SHO/witness during raid on his house---Said witness admitted that there were residential houses around the house of the accused and he further admitted that he had not associated any elder of the locality during raid and recovery proceedings---Said witness also admitted that the accused had not made any resistance at the time of his arrest---Arrest of the accused inside his house without associating any note-able of the area coupled with the factum of no resistance of the accused created the serious doubt about the recovery of the alleged crime pistol because it did not appeal to a prudent mind that a person charged for murder would keep pistol in folding of his shalwar inside his house and would not make any effort to escape on noticing the Police Officials---In such state of affairs, pistol and ammunitions shown recovered from the accused was a planted piece of evidence on the part of the Investigating Officer just to strengthen the prosecution's case---Circumstances established that the Trial Court failed to appreciate the evidence available on record in its true perspective, thus, had arrived at an erroneous conclusion by holding the accused guilty of the offence---Appeal against conviction was allowed in circumstances. Citation Name: 2023 PCrLJ 174 PESHAWAR-HIGH-COURTBookmark this Case HARIS VS ZAHOOR KHAN Chance witness--- Scope--- Testimony of a chance witness is ordinarily not accepted unless justifiable reasons are shown to establish his presence at the crime scene at the relevant time, because in normal course, the presumption under the law would be that such witness was absent from the crime spot.

Citation Name: 2023 PCrLJ 174 PESHAWAR-HIGH-COURTBookmark this Case HARIS vs ZAHOOR KHAN S — 2023 PCrLJ 174 PESHAWAR-HIGH-COURT

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