TAJ MALOOK vs State Ss — 2024 MLD 82 PESHAWAR-HIGH-COURT

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TAJ MALOOK VS State 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---Contradictions in the statement of complainant---Accused was charged for committing murder of the deceased by firing---Motive was a dispute over some land---Perusal of the case record revealed that complainant and his brother were the main witnesses of the prosecution---Complainant in his examination in chief narrated the contents of FIR and stated that the deceased was hit by the fire of accused and other co-accused---In his cross-examination complainant stated that at the time of report he disclosed to the police that the deceased was hit with the firing of accused and a co-accused---Said witness further stated that in the earlier trial of acquitted co-accused he categorically mentioned about the fact that accused and his co-accused fired upon deceased and by their firing he was hit but when he was confronted with his statement in the earlier trial, that was omitted---Postmortem report clearly showed that the deceased received two firearm injuries from downward towards upside---Meaning thereby that entrance wounds were downward while exit wounds were upward which totally negated the story of complainant---Statement of brother of complainant suggested that he had also made some improvements in his earlier statement as given in earlier trial of acquitted co-accused persons to the effect that due to firing of accused and acquitted accused the deceased was hit and other accused fired on the complainant as well as upon him---When confronted with his statement recorded under S. 161, Cr.P.C., about the mentioning of the fact of deceased being hit by firing of accused and an acquitted accused was not mentioned---Circumstances established that the prosecution had failed to prove its case against the accused beyond a reasonable doubt---Appeal against acquittal was accordingly dismissed.

TAJ MALOOK vs State Ss — 2024 MLD 82 PESHAWAR-HIGH-COURT

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