Citation Name: 2023 YLR 1170 PESHAWAR-HIGH-COURTBookmark this Case MANZOOR vs State Witness

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Citation Name: 2023 YLR 1170 PESHAWAR-HIGH-COURTBookmark this Case MANZOOR VS State Witness--- Related and interested witness, evidence of---Scope---No doubt, evidence provided by closely related eye-witness is as good as given by another independent witness having no relations with the victim---However, before placing reliance on the ocular account of the related witness the Courts always look for independent source which could corroborate such evidence and same is taken into consideration only for recording conviction of the accused if same is corroborated by independent circumstantial evidence and (others) factors of the case. Citation Name: 2023 YLR 1170 PESHAWAR-HIGH-COURTBookmark this Case MANZOOR VS State Ss. 302(b), 427 & 34---Qanun-e-Shahadat (10 of 1984), Art. 46---Qatl-i-amd, mischief causing damage to the amount of fifty rupees, common intention---Appreciation of evidence---Benefit of doubt---Dying declaration---Scope---Allegedly the accused in furtherance of their common intention committed murder of the deceased---No doubt, initial version of the occurrence was provided by the deceased himself to a witness, but there was no material on the case file which could show that said report was lodged by the then injured in immediate presence of the Medical Officer who provided initial treatment to him---Though, Medical Officer had stated that at the time of his examination, the patient was fully conscious, able to talk and well oriented but as he had not stated in clear and unequivocal terms that in his presence the then injured had reported the matter to the police nominating therein the accused persons, therefore, the report lodged by the then injured on which signatures of a witness did appear, could not be taken into account as his dying declaration for recording conviction of the accused persons---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond shadow of doubt---Appeal against conviction was allowed accordingly and accused were acquitted of the charge. Citation Name: 2023 YLR 1170 PESHAWAR-HIGH-COURTBookmark this Case MANZOOR VS State Ss. 302(b), 427 & 34---Qatl-i-amd, mischief causing damage to the amount of fifty rupees, common intention---Appreciation of evidence---Benefit of doubt---Site plan---Allegedly the accused in furtherance of their common intention committed murder of the deceased---Site plan of the case did not support the prosecution version according to which the eye-witness was found present in front of the house of the deceased for which he had not given any explanation that for what purpose he was standing in front of the deceased's house---Giving no justification qua his presence on the spot at the time of occurrence by the eye-witness showed that his presence was procured subsequently in order to strengthen the prosecution case---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond shadow of doubt---Appeal against conviction was allowed accordingly and accused were acquitted of the charge. Citation Name: 2023 YLR 1170 PESHAWAR-HIGH-COURTBookmark this Case MANZOOR VS State Ss. 302(b), 427 & 34---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, mischief causing damage to the amount of fifty rupees, common intention---Appreciation of evidence---Benefit of doubt---Withholding material evidence--- Allegedly accused in furtherance of their common intention committed murder of the deceased---Record showed that the rider of the FIR was not produced---Non-examination of said witness had weakened the prosecution case as in his presence the then injured had reported the matter to the local police regarding the occurrence---Examination of rider of FIR was necessary as in his presence, per prosecution, the deceased had reported the matter---Thus, the prosecution for no valid reason withheld a very relevant piece of evidence---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond shadow of doubt---Appeal against conviction was allowed accordingly and accused were acquitted of the charge. Citation Name: 2023 YLR 1170 PESHAWAR-HIGH-COURTBookmark this Case MANZOOR VS State Ss. 302(b), 427 & 34---Qatl-i-amd, mischief causing damage to the amount of fifty rupees, common intention---Appreciation of evidence---Benefit of doubt---Testimony of sole eye-witness---Allegedly the accused in furtherance of their common intention committed murder of the deceased---Motive behind the occurrence was a dispute over crops between the parties---Ocular account had been furnished by uncle of the deceased---Testimony of sole eye-witness lacked corroboration from related circumstantial evidence of including medical evidence---Besides the above, another point in the case for consideration was that though from the spot three empties of 7.62 bore were taken into possession by the Investigating Agency but there was no report of Forensic Science Laboratory which could show that the recovered empties were fired from one or more than one weapons---Omission on the part of the prosecution to produce Forensic Science Laboratory Report had cast reasonable doubt on its case in absence of which, keeping in view the similarity of dimensions of the injuries, it could not be held with certainty that the deceased was done to death by more than one person as was the prosecution version---Benefit of same would go to the accused persons---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond shadow of doubt---Appeal against conviction was allowed accordingly and accused were acquitted of the charge. Citation Name: 2023 YLR 1170 PESHAWAR-HIGH-COURTBookmark this Case MANZOOR VS State Ss. 302(b), 427 & 34---Qatl-i-amd, mischief causing damage to the amount of fifty rupees, common intention---Appreciation of evidence--- Benefit of doubt--- Conduct of eye-witness questionable---Allegedly the accused in furtherance of their common intention committed murder of the deceased---Conduct of the eye-witness/uncle of the deceased was questionable as according to him after taking the deceased to a hospital, he thereafter returned to his village leaving the victim alone in critical condition who later on was referred to another hospital for further treatment---Leaving the injured in critical condition in the hospital alone and not accompanying him to another hospital for his further medical treatment was unnatural conduct which could not be expected by a prudent mind from a very close relative---Had the witness been present on the spot at the time of firing and with the then injured in hospital, he must have accompanied him when he was referred to another hospital for further treatment, which attitude of the witness amply excluded his presence on the crime spot and with the then injured in the hospital where the report was lodged---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond shadow of doubt---Appeal against conviction was allowed accordingly and accused persons were acquitted of the charge.

Citation Name: 2023 YLR 1170 PESHAWAR-HIGH-COURTBookmark this Case MANZOOR vs State Witness — 2023 YLR 1170 PESHAWAR-HIGH-COURT

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