Citation Name: 2023 YLR 2487 PESHAWAR-HIGH-COURTBookmark this Case BAKHT BILAND vs SARBILAND Ss

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Citation Name: 2023 YLR 2487 PESHAWAR-HIGH-COURTBookmark this Case BAKHT BILAND VS SARBILAND 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--- Accused were charged that they made firing upon the complainant party, due to which the complainant and two other persons died---In this case, complainant lodged the report promptly, in injured condition and the murasla showed his thumb impression but no one had verified his report or thumb impression thereon, confirming that complainant had lodged the report, in injured condition, at his residence---Record further revealed that after the alleged occurrence, the complainant then injured was not shifted to the hospital and admittedly SHO on getting information through telephone himself visited the spot of occurrence---Statement of SHO revealed that he prepared injury sheets and inquest reports---Inquest report revealed that there was cutting and overwriting in column No. 3, in respect of date and time, wherein, date and time of death was changed from 14.06.2018 to 15.06.2018 and from 06.30 am to 12.30 a.m.---Inquest report of deceased when seen in the light of the cross-examination of father of complainant, there was clear admission that he conveyed the information of occurrence to SHO---Thus, the preparation of inquest report of complainant, the visible tampering in the date and time of preparation of his inquest report and admission of his father clearly showed that complainant had already succumbed to his injuries and that is why, the deceased were not shifted to the hospital for treatment nor taken to the police station for lodging the report---At the time of arrival of SHO, all the three deceased were dead and no injury sheet of complainant was prepared and there was no description of the alleged injuries sustained by complainant to confirm that the injury on his person was on thigh and that he could talk and had lodged the report---Said fact clearly raised serious doubts about the factum of lodging of report by the deceased, the then alleged injured, and there existed strong circumstance that SHO, in connivance and collusion with the complainant party, had lodged a false and fabricated report to twist the actual facts and to make the case one based on dying declaration, however, facts on record strongly negated the story advanced by prosecution---Circumstances established that the prosecution had been unable to prove the guilt of accused beyond reasonable doubt---Appeal against conviction was accordingly allowed. Citation Name: 2023 YLR 2487 PESHAWAR-HIGH-COURTBookmark this Case BAKHT BILAND VS SARBILAND Ss. 302(b), 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Place of occurrence and presence of witnesses doubtful---Accused were charged that they made firing upon the complainant party, due to which the complainant and two other persons died---Spot of occurrence as described in the murasila/FIR was shrouded in mystery---In the murasila/FIR, the spot of occurrence was mentioned to be the house of complainant and after the occurrence Investigating Officer prepared the site plan at the instance and pointation of witnesses---However, except one room of husband of deceased lady/ uncle of complainant, no other residential rooms of the complainant or any other member of his family were shown therein---Father of the deceased complainant deposed that his house was at a distance of three minutes walk from the house of uncle of complainant---Said witness had denied that the occurrence had taken place in the house of uncle of deceased complainant---From the statements of witnesses, it was evident that the witnesses had not stated the truth and the spot of occurrence was not proved to be the house of complainant and had been falsely shown to be their house, whereas, the house of complainant was admittedly at distance of three minutes walk from the spot---When the spot of occurrence was not the house of complainant party, then, their presence on the spot at the relevant time especially in the month of Ramadan, seemed doubtful--- Circumstances established that the prosecution had been unable to prove the guilt of accused beyond reasonable doubt---Appeal against conviction was accordingly allowed. Citation Name: 2023 YLR 2487 PESHAWAR-HIGH-COURTBookmark this Case BAKHT BILAND VS SARBILAND Ss. 302(b), 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Motive not proved---Accused were charged that they made firing upon the complainant party, due to which the complainant and two others died---Prosecution had advanced the motive for the occurrence to be a quarrel between the children---However, Investigating Officer in his cross-examination had presented a motive all together different to the one presented by the complainant side---Said witness deposed that the daughter of uncle of complainant was married to co-accused and as a custom, he allowed his wife to visit her parent's house for ten days, whereas, she wanted to stay there for two months, which triggered a quarrel resulting into the incident---Thus, the motive advanced by the complainant/ deceased was controverted and dislodged during investigation conducted by the Investigating Officer---Thus, the accused, as per record, had no motive to cause the death of deceased---Circumstances established that the prosecution had been unable to prove the guilt of accused beyond reasonable doubt---Appeal against conviction was accordingly allowed. Citation Name: 2023 YLR 2487 PESHAWAR-HIGH-COURTBookmark this Case BAKHT BILAND VS SARBILAND Ss. 302(b), 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Medical evidence---Doubtful--- Accused were charged that they made firing upon the complainant party, due to which the complainant and two other persons died---Medical evidence available on record was manipulated and distorted one---Medical Officer stated to have examined the alleged injured/ complainant vide medical slip and his cross-examination was brimming with admissions that there was no mention of the locale of injury in his report nor he had given time and duration of examination of injured---Said witness also admitted that his report was silent about the oozing of blood from the wound, the identification mark of the injured and the Police Official who brought the injured to the hospital---Said facts clearly indicated that the medical evidence was managed and manipulated to lend support to the prosecution case---Circumstances established that the prosecution had been unable to prove the guilt of accused beyond reasonable doubt---Appeal against conviction was accordingly allowed. Citation Name: 2023 YLR 2487 PESHAWAR-HIGH-COURTBookmark this Case BAKHT BILAND VS SARBILAND Ss. 302(b), 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Non-examination of dead bodies---Accused were charged that they made firing upon the complainant party, due to which the complainant and two other persons died---Record showed that the complainant party, in order to screen off the actual facts from surfacing applied to the police vide applications for exemption from post-mortem examination of the deceased---In the absence of post-mortem report, the nature, locale, the dimensions of injuries and the duration/time spent between death and post-mortem and other relevant facts relating to the alleged injuries on the bodies of the deceased could not be established---Thus, non-conducting of post-mortem of the deceased casted serious clouds on the veracity and authenticity of the story advanced by the prosecution---Circumstances established that the prosecution had been unable to prove the guilt of accused beyond reasonable doubt---Appeal against conviction was accordingly allowed. Citation Name: 2023 YLR 2487 PESHAWAR-HIGH-COURTBookmark this Case BAKHT BILAND VS SARBILAND Ss. 302(b), 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Ocular account not proved---Accused were charged that they made firing upon the complainant party, due to which the complainant and two other persons died---Record showed that the father and uncle of the complainant had been examined as eye-witnesses of the occurrence---From the statements of said witnesses, it was clear that both the alleged eye-witnesses were not consistent in respect of their residences and they were found contradictory to one another---Noticeable that the alleged eye-witnesses were continuously changing their stance and their statements suffered from willful improvements in a bid to prove that the occurrence had taken place in their presence---Said witnesses tried to negate the site plan, prepared at their own instance and pointation---Cross-examination of the said witnesses showed that all the brothers had separate houses and the house of father of the deceased was at sufficient distance i.e. covered on foot in three minutes---Hence, the presence of the said alleged eye-witnesses at the spot of occurrence was not natural especially, when the occurrence took place in the month of Ramadan and at a time when people were normally present in their own houses to break their fast---No independent corroboration was available to support the stance of the two related and interested witnesses---At the same time, the statements of the said alleged eye-witnesses were neither found convincing nor confidence inspiring---Circumstances established that the prosecution had been unable to prove the guilt of accused beyond reasonable doubt---Appeal against conviction was accordingly allowed. Citation Name: 2023 YLR 2487 PESHAWAR-HIGH-COURTBookmark this Case BAKHT BILAND VS SARBILAND Improvements in previous statement---Scope---When statements of eye-witnesses suffer from willful improvements then reliance on such tainted evidence can not be made for awarding conviction. Citation Name: 2023 YLR 2487 PESHAWAR-HIGH-COURTBookmark this Case BAKHT BILAND VS SARBILAND Ss. 302(b), 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Non-recovery of crime empties from the spot---Accused were charged that they made firing upon the complainant party, due to which the complainant and two others died---Prosecution case was that at the relevant time of occurrence all the five accused, duly armed with Kalashnikovs, entered the house and started firing upon the complainant party---However, surprisingly, not a single empty was recovered from the crime house nor any bullet marks had been shown on the surrounding walls---Said fact cast shadow of doubt about the site of occurrence, hence, the story advanced by the prosecution was neither believable nor proved beyond reasonable doubt---Circumstances established that the prosecution had been unable to prove the guilt of accused beyond reasonable doubt---Appeal against conviction was accordingly allowed.

Citation Name: 2023 YLR 2487 PESHAWAR-HIGH-COURTBookmark this Case BAKHT BILAND vs SARBILAND Ss — 2023 YLR 2487 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2023 YLR