HAYATULLAH vs State Ss — 2024 PCrLJ 202 PESHAWAR-HIGH-COURT

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HAYATULLAH VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Presence of the witnesses at the spot not proved---Accused was charged that he along with his co-accused committed murder of the brother of complainant by firing---Complainant stated that after lodging the report, the dead body was brought to civil hospital; three other persons also accompanied the dead body, whereas he and his cousin left the police station and proceeded to their village on foot---However, such deposition was not appealable to a man of prudence, firstly because there was no reason why complainant did not accompany the dead body of his brother to the hospital, rather than going to his house, and secondly, his deposition was belied by the statement of his own father, who stated that mother of the deceased and complainant accompanied the dead body to the police station for lodging the report---Question arose that when the complainant, being brother of the deceased and father of the deceased were available, then what prompted the mother to accompany the dead body to police station for lodging report---In that respect, cross-examination of Investigating Officer was worth perusal, who chalked out the FIR and also conducted investigation in the present case---According to his deposition, the dead body and injured were sent to civil hospital, under the escort of constable, while the complainant remained with them in the police station, wherefrom he along with the complainant and other police personnel proceeded to the spot at about 8:05 pm and reached there at about 9:00 pm, which belied the statement of complainant, who stated that after lodging the report, he along with alleged eye-witness proceeded to their house on foot---Only inference which could be drawn therefrom was that neither the complainant nor father of the deceased were available to accompany the dead body of deceased to the police station for reporting the matter---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of any doubt---Appeal against conviction was accordingly allowed.

HAYATULLAH vs State Ss — 2024 PCrLJ 202 PESHAWAR-HIGH-COURT

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