ZESHAN AZIZ vs HIZBULLAH Ss — 2024 MLD 153 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 MLD 153 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: MLD
Parties: ZESHAN AZIZ vs HIZBULLAH Ss
Subject matter: Criminal
Provisions referred to: S. 417---Q; S. 161; Criminal Procedure Code (V of 1898)

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

Judgment text as reported

ZESHAN AZIZ VS HIZBULLAH Ss. 302(b), 324, 148 & 149---Criminal Procedure Code (V of 1898), S. 417---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Appeal against acquittal---Appreciation of evidence---Dishonest improvements by witnesses---Accused were charged for committing murderous assault upon the complainant and his brother, due to which, they received injuries, however, brother of complainant died at the spot---Complainant and his father took the stance that they were empty handed, therefore, could do nothing---However, during cross-examination reference was made to statement under S. 161, Cr.P.C, wherein, it was mentioned that the accused took away his licensed pistol and produced the same to Investigating Officer---Complainant improved his statement and repeatedly mentioned that he was semi-conscious---Thus, there was no second opinion at all rather it was settled that when a witness improved his version to strengthen the prosecution case, his improved statement could not be relied upon as the witness had improved his statement dishonestly, therefore, his credibility became doubtful---Improvements once found deliberate and dishonest cast serious doubt on the veracity of such a witness---Circumstances established that the prosecution failed to prove its case beyond shadow of any doubt---Appeal against acquittal was accordingly dismissed.

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