Citation Name: 2023 PCrLJ 19 PESHAWAR-HIGH-COURTBookmark this Case SAJID vs State S

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Citation Name: 2023 PCrLJ 19 PESHAWAR-HIGH-COURTBookmark this Case SAJID VS State S. 302(b)--- Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Contradictions in the statement of witnesses---Scope---Accused was charged for committing murder of the deceased by firing---Record showed that the testimony of the Investigating Officer was not in line with the contents of report because he stated in his cross-examination that the occurrence took place in the field of an another person while as per contents of FIR the occurrence took place in the playground---Investigating officer further stated that he had investigated the case regarding cricket match and found that there was cricket match at the relevant time---Similarly, the report of injured complainant was recorded on 31.07.2015 at 05.20 p.m., while according to the Medico Legal Report, the victim was brought by Police Official on 31.07.2015 at 05.00 p.m., while, as per report the injured was brought by an other person---Police Official stated in cross-examination that the victim was taken by a passerby and the people who brought the injured to the hospital were present at the time of scribing the report---Said witness further stated that the report was not endorsed by the doctor, therefore, possibility could not be ruled out that name of the accused might have been shown by the people present with the deceased then injured at the time of recording report, thus, in the present scenario, the dying declaration was not free from doubt---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt--- Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court. Citation Name: 2023 PCrLJ 19 PESHAWAR-HIGH-COURTBookmark this Case SAJID VS State S. 302(b)--- Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Non-recovery of crime empty and blood form the place of occurrence---Scope---Accused was charged for committing murder of the deceased by firing---Record showed that neither any empty nor blood was recovered from the spot and even the Investigating Officer had not verified the site plan through the injured complainant after his discharge from the hospital, nor the site plan borne the date of its preparation, which aspect of the case also created doubt in the prosecution story---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt---Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court. Citation Name: 2023 PCrLJ 19 PESHAWAR-HIGH-COURTBookmark this Case SAJID VS State Medical evidence---Scope---Medical evidence might confirm the ocular evidence with regards to receipt of injuries, nature of the injuries, kinds of weapon used in the commission of offence but it would not connect the accused with the commission of the offence. Citation Name: 2023 PCrLJ 19 PESHAWAR-HIGH-COURTBookmark this Case SAJID VS State art. 46--- Dying declaration--- Scope---Dying declaration is the statement which is made by the victim of homicide offences as to cause of his death---Rule relating to dying declaration and its admissibility is provided in art. 46 of the Qanun-e-Shahadat, 1984, which says that the statement of dying man is relevant and admissible in evidence, however, for recording such declaration no particular mode has been provided---Sub-article (1) of art. 46 of the Qanun, provides that when the evidence or statement of a person, who is dead, relates to the cause of his death or as to any of the circumstances of the transaction, which resulted in his death---Such statement becomes relevant and gains evidentiary value because of the special circumstances that the person, who made such statement, was no more alive/available---Dying declaration is a weak type of evidence and is similar to the statement of an interested witness, therefore, requires close scrutiny and is not to be believed merely for the reason that dying person is not expected to tell a lie. Citation Name: 2023 PCrLJ 19 PESHAWAR-HIGH-COURTBookmark this Case SAJID VS State S. 302(b)--- Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Delay of twenty four hours in lodging FIR---Scope---Accused was charged for committing murder of the deceased by firing---Record showed that occurrence took place on 31.07.2015 at 04.15 p.m., while report was lodged on the same day at 05.20 p.m., whereas the FIR was chalked on the following day, at 05.35 p.m., after the delay of twenty four hours with no explanation---Contents of FIR further revealed that after registration of the case, it was handed over to Police Official---Investigating Officer in cross-examination admitted that an inquiry was conducted by Police Official---Investigating Officer further admitted that the said inquiry was not available on record nor he had gone through the said inquiry report---Said evidence was suggestive of the fact that the FIR was lodged after considerable consultations and deliberation and after conducting preliminary investigation in the case---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt---Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court. Citation Name: 2023 PCrLJ 19 PESHAWAR-HIGH-COURTBookmark this Case SAJID VS State S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Withholding of material witnesses---Scope---Accused was charged for committing murder of the deceased by firing---Investigating Officer had stated that there was a cricket match between two teams in the playground, therefore, people would have been present on the spot but none of them was produced by the prosecution---Similarly, according to the report of deceased, then injured, he was brought by one private person, but neither his statement was recorded by police under S. 161, Cr.P.C., nor cited him in the calendar of witnesses nor he was produced before the Trial Court for recording his statement, as such, withheld its best evidence---If a best piece of evidence was available with a party and the same was withheld, then it was presumed that the party had some sinister motive behind it in not producing the said evidence, therefore, presumption under illustration (g) to Art. 129 of Qanun-e-Shahadat, 1984 could fairly be drawn in the case---Circumstances established that the prosecution had miserably failed to prove its case against the accused beyond reasonable doubt---Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court.

Citation Name: 2023 PCrLJ 19 PESHAWAR-HIGH-COURTBookmark this Case SAJID vs State S — 2023 PCrLJ 19 PESHAWAR-HIGH-COURT

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