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---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---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---Withholding material evidence---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---Motive was dispute over landed property---Record showed that the Investigating Officer admitted that one independent witness was allegedly present on the spot and his statement was recorded under S. 161, Cr.P.C---Name of said witness was neither mentioned in the murasila/FIR nor he had been examined in the case as prosecution witness---Said witness could have strengthened the case of the prosecution, but his non-production as prosecution witness had adversely affected prosecution's case in view of the provisions of Art. 129, Illustration (g) of Qanun-e-Shahadat, 1984---For not producing material witnesses, an inference could be drawn that had they stepped into the witness box, they would have not supported the prosecution's case---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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