Citation Name: 2023 YLR 2237 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD ZAMAN vs State Ss

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Citation Name: 2023 YLR 2237 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD ZAMAN VS State Ss. 302, 324 & 34---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-i-amd, attempt to commit qatl-i-amd and common intention---Appreciation of evidence---Benefit of doubt---Dishonest improvements---Identification parade not conducted ---Accused, along with others, allegedly injured the complainant and murdered the latter's uncle---Two accused, who were attributed the main role in the offence, remained absconders---Regarding the accused person's role, he was the father of the other two accused, aged 56/57 years---He was alleged to have participated in the incident as part of a common intention---Complainant's presence at the scene was not in doubt, but the veracity of his statement regarding the accused person's role could be questioned---During cross-examination, the witness changed his earlier stance, stating that the absconding co-accused entered the barber shop first, followed by the accused after five minutes---Accused was unknown to the barber before the incident---Since the barber belonged to a different village and did not know the accused by name, the prosecution should have conducted an identification parade to properly identify the accused---However, no such parade was conducted---Therefore, the testimony of barber could not be considered against the accused---Prosecution's eye-witness account lacked sufficient evidence to establish the accused person's guilt beyond reasonable doubt---Moreover, considering the presented motive, it was difficult to believe that a person of the accused's age would accompany his two much younger sons to commit such a crime without a strong motive---Prosecution failed to prove the case against the appellant beyond reasonable doubt---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 YLR 2237 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD ZAMAN VS State Benefit of doubt---Scope---Single circumstance creating reasonable doubt is sufficient for acquittal of an accused and it is not necessary that there must be numerous doubts in the case of prosecution. Citation Name: 2023 YLR 2237 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD ZAMAN VS State Ss. 302, 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd and common intention---Recovery of weapon and vehicle---Reliance---Accused, along with others, allegedly injured the complainant and murdered the latter's uncle---However, the indication of the place of recovery of the motorcar made by the accused and its use for the escape of the other accused from the scene, could not be relied upon---This was because a separate motorcycle, which the absconding co-accused used to arrive at the location, was also shown to be recovered from outside the barber shop---Neither the complainant nor any other eye-witness mentioned that the accused had taken the co-accused in his motorcar after the incident, and that the same vehicle was used for their escape---Moreover, the corroboratory evidence of the blood-stained stick and the motorcar could not be the sole basis for convicting the accused when there was no reliable direct evidence against him---Appeal against conviction was allowed, in circumstances.

Citation Name: 2023 YLR 2237 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD ZAMAN vs State Ss — 2023 YLR 2237 PESHAWAR-HIGH-COURT

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