Citation Name: 2023 YLR 1930 PESHAWAR-HIGH-COURTBookmark this Case NAIK AWAZ vs State Ss

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Citation Name: 2023 YLR 1930 PESHAWAR-HIGH-COURTBookmark this Case NAIK AWAZ VS State Ss. 302(b), 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Benefit of doubt---Presence of complainant at the time and occurrence was doubtful---Accused were charged that they made firing upon the complainant party, due to which the complainant and two of his relatives were hit and one of them died---Presence of the complainant party at the scene of occurrence at the fateful time was alleged to be on account of routine gossip---Close perusal of the site plan would transpire that the members of the complainant party including the deceased had been shown at a considerable distance from each other, whereas, in case of informal conversation or gossip, members of the subject company were supposed to be close and well connected so that they could communicate their respective chat easily---However, the in between distance of the victims reflected in the site plan, prima facie was not so close to mutually communicate the gossip---Other than this shops and residence do figure in the site plan but instead of the same the complainant party opted to gossip on the main road highlighted in the site plan---Likewise, the Investigation Officer on his visit to the scene of occurrence did not highlight in his preliminarily investigation report/site plan either the seating arrangement of the members of the complainant party nor the seating articles---Strong presumption could not ruled out that the same had not been highlighted/disclosed to the Investigation Officer, therefore, it did not figure at all in the investigation---Such infirmity touched the roots of the prosecution's case---In such circumstances, it was hard to believe the very presence of the complainant at the fateful time as the reason of his presence did not appeal to a prudent mind coupled with the culture and tradition of the locality according to which gossiping in a thoroughfare was avoided---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond shadow of reasonable doubt---Appeal against conviction was allowed accordingly. Citation Name: 2023 YLR 1930 PESHAWAR-HIGH-COURTBookmark this Case NAIK AWAZ VS State Ss. 302(b), 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Benefit of doubt---Medical evidence---Fitness certificate of injured not procured for recording his statement---Accused were charged that they made firing upon the complainant party, due to which the complainant and two of his relatives were hit and one of them died---Complainant, an injured victim on his shifting to hospital, had been examined by the Medical Officer followed by report/remarks on his injury sheet---Subject report spoke loud and clear about his injury as firearm injury on his left thigh, however, it had been categorically observed that the patient (complainant) was disoriented in time and place---As a result of the subject injury heavy blood loss could occur, therefore, the observation of the Medical Officer regarding the physical status of complainant as disoriented in time and place was of paramount consideration---Likewise, the Duty Police Officer/ Incharge Casualty Civil Hospital, while drafting the report of the complainant was not able to procure proper fitness certificate from the Medical Officer as due endorsement on the Murasila at least in terms that the complainant was well oriented in time and place and fit to communicate his version safely---Not obtaining the subject observation from the Medical Officer either on a Murasila or through a proper endorsement, left behind scope for the preposition that the report in question might not be the version of the complainant because of the severity of his injury---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond shadow of reasonable doubt---Appeal against conviction was allowed accordingly. Citation Name: 2023 YLR 1930 PESHAWAR-HIGH-COURTBookmark this Case NAIK AWAZ VS State Ss. 302(b), 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Benefit of doubt---Recovery of crime empties from the place of occurrence not sent to Forensic Laboratory---Accused were charged that they made firing upon the complainant party, due to which the complainant and two of his relatives were hit and one of them died---In the present case, it was transparent from the record that in the first information report complainant reported the event against five persons as they had been nominated for the commission of offence to the effect that as a result of fire shots of the said accused three persons were hit and injured whereas the eye-witness Mr. "S" made his escape good---Occurrence was attributed to five assailants armed with lethal weapons but the number of empties secured from the scene of occurrence were eleven in number---Event was alleged to be outcome of five persons but nothing as such had been brought on record as to whose shots proved fatal---Likewise, the crime empties secured from the scene of occurrence had not been sent to Forensic Science Laboratory so as to verify the fact as to whether they had been fired from a single or multiple weapons---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond shadow of reasonable doubt---Appeal against conviction was allowed accordingly. Citation Name: 2023 YLR 1930 PESHAWAR-HIGH-COURTBookmark this Case NAIK AWAZ VS State Ss. 302(b), 324, 148 & 149---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Benefit of doubt---With-holding material evidence---Brother of deceased not examined---Accused were charged that they made firing upon the complainant party, due to which the complainant and two of his relatives were hit and one of them died---In the present case, name of Mr. "S" figured in the calendar of the witnesses and his presence was reflected in site plan---Said witness was brother of the victims, and during the investigation he had been associated and his account had been recorded under S. 161, Cr.P.C. but for reasons best known to the prosecution he had not been examined in support of the case---Strong presumption could not be ruled out that the subject star witness of the prosecution being the brother and closely related to deceased did not support the prosecution's case, therefore, his account had not been furnished at all---So, in the situation, adverse inference under Article 129(g) of Qanun-e-Shahadat, 1984, could be safely drawn---Even otherwise, in such situation legal inference could also be drawn that if the said witness had entered into the witness box then he would not have supported the prosecution case---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond shadow of reasonable doubt---Appeal against conviction was allowed accordingly. Citation Name: 2023 YLR 1930 PESHAWAR-HIGH-COURTBookmark this Case NAIK AWAZ VS State Benefit of doubt---Principle---Single circumstance creating doubt in the prudent mind about the guilt of the accused makes him entitled to its benefit, not as a matter of grace or concession, but as a matter of right.

Citation Name: 2023 YLR 1930 PESHAWAR-HIGH-COURTBookmark this Case NAIK AWAZ vs State Ss — 2023 YLR 1930 PESHAWAR-HIGH-COURT

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