Syed Amjad Hussain vs State Ss — 2024 MLD 940 PESHAWAR-HIGH-COURT

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Syed Amjad Hussain VS State Ss. 302(b), 311, 109 & 34---Qatl-i-amd, tazir after waiver or compounding of right of qisas in qatl-i-amd, abetment, common intention---Appreciation of evidence---Benefit of doubt---Accused were charged for committing murder of two persons, one male and one female, by firing---Motive behind the occurrence was stated to be the illicit relations of deceased female with the deceased male---Record showed that the initial report of the incident as incorporated in the crime report, was given by SHO, who deposed that on receipt of information of the incident, he came to DHQ Hospital, where he found the dead bodies of deceased persons, however, he did not notice presence of the legal heirs of both the deceased in the hospital---Deposition of said witness revealed that it was an unwitnessed crime, and complainant himself was not the eye-witness of the alleged crime---Entire report of the complainant relating to the occurrence and deposition was based on hearsay as he had neither disclosed his source of information regarding the occurrence in his initial report nor in his deposition before the Trial Court---In his cross-examination, said witness admitted that he was neither present on the crime scene at the time of occurrence nor could recover crime weapon from the accused---Complainant also admitted that he had no knowledge of the occurrence, but someone informed him about the incident---Said witness deposed that people of the locality had disclosed to him about illicit relations between both the deceased---Thus, it could be sufficient to hold that no direct evidence could be brought on record to substantiate the allegations as set forth by the prosecution---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal was accordingly allowed.

Syed Amjad Hussain vs State Ss — 2024 MLD 940 PESHAWAR-HIGH-COURT

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