SHAH HUSSAIN vs State Ss — 2024 PCrLJ 455 PESHAWAR-HIGH-COURT

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SHAH HUSSAIN 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 complainant at the time and place of occurrence not proved---Accused was charged that he along with his co-accused committed murder of the brother of the complainant by firing---Motive behind the occurrence was stated to be dispute over womenfolk---In this case, as per FIR the deceased was riding a motorbike and the complainant was sitting with him---As per version of the complainant, they were proceeding from their house to Bazar and on the way they were fired at by accused persons who were already present on the spot duly armed with firearms---Admittedly, complainant was the sole eye-witness of the occurrence---Statement of the Medical Officer and post mortem report of the deceased showed that he had sustained 07 group entry wounds on left back and right back of chest while their corresponding exit wounds were on the left front and right front of the chest---In the evidence of complainant, it was found that he spotted the accused while proceeding to Bazar and the accused started firing at them---In the site plan prepared at the instance of the complainant, acquitted co-accused and present accused had been shown at a point, in the front of the deceased and the complainant---If it was interpreted other way round and for the time being it was assumed that the firing was made from the back even in that situation the survival of the complainant was impossible---In other words whether firing was made from the front or back at the deceased, survival of the complainant with the deceased on the motorbike was beyond comprehension and his presence could not be believed in either situation---Prosecution failed to prove the presence of the complainant on the spot at the relevant time beyond shadow of doubt, therefore, his statement was not worth consideration for convicting the accused---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.

SHAH HUSSAIN vs State Ss — 2024 PCrLJ 455 PESHAWAR-HIGH-COURT

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