Citation Name: 2023 YLR 456 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD ZAMAN alias KOTAY vs State Ss

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Citation Name: 2023 YLR 456 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD ZAMAN alias KOTAY VS State Ss. 302(b) & 34---Qatl-i-amd and common intention--- Appreciation of evidence--- Benefit of doubt---Contradictory statements--- Scope---Complainant alleged that she was busy in cultivating onions along with her father-in-law and her husband when the accused persons appeared and started firing as a result of which both male members of the complainant's family died at the spot---Occurrence was claimed to have been witnessed by another woman, who had got attracted to the spot on hearing sound of fire shots---Complainant stated in her cross-examination that she had climbed the rooftop of her house after three minutes of the firing and that all the firing had been made in one go---Role of effective firing at the time of lodging FIR was attributed to accused, which was subsequently changed to that of the acquitted co-accused---One of the reasons might be a fact that the accused had been absconding while the co-accused was facing trial---Complainant shifted the effective role of causing death to the accused---Eye-witness, as opposed to the complaint, had stated in her examination-in-chief that she had climbed the rooftop along with the complainant---In the site plan also, both the witnesses were shown at a distance from each other and none of them were shown at the rooftop of their house---No recovery was effected on the indication of accused ---Medical evidence was of no help to the case of prosecution in the given circumstances---Prosecution had failed in proving the case against the accused beyond reasonable doubt---Appeal against acquitted was allowed, in circumstances. Citation Name: 2023 YLR 456 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD ZAMAN alias KOTAY VS State S. 302--- Qatl-i-amd--- Evidence---Scope---Evidence in a case of capital charge must come from unimpeachable source or be supported by strong circumstances that may remove inherent doubt attached to evidence of interested or partisan witness. Citation Name: 2023 YLR 456 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD ZAMAN alias KOTAY VS State Witness---Witnesses having no respect for truth and being capable of changing their versions as and when it suited them, were worthy of no credence, even if they were found to be natural witnesses. Citation Name: 2023 YLR 456 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD ZAMAN alias KOTAY VS State Evidence---Scope---When a witness is found to be telling lies on an important point having material bearing on culpability of the accused, his evidence could not be attached any credence.

Citation Name: 2023 YLR 456 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD ZAMAN alias KOTAY vs State Ss — 2023 YLR 456 PESHAWAR-HIGH-COURT

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