ZARSHAD vs State Ss — 2024 PCrLJ 546 PESHAWAR-HIGH-COURT

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ZARSHAD VS State Ss. 302(b) & 149---Qatl-i-amd, unlawful assembly---Appreciation of evidence---Benefit of doubt---Medical evidence---Statement made by complainant---Capability of complainant to record his statement doubtful---Accused was charged that he along with his co-accused persons committed murder of the two sons of complainant and also injured him by firing---Record showed that the complainant received injuries on the most vital parts of his body---While reporting the matter, that too, in the hospital the scribe did not feel the need to ask from the doctor, a certificate, regarding the capability of the complainant to talk---Admittedly, neither any certificate was obtained from the doctor, nor an opinion of the doctor was sought to confirm that the complainant was capable to talk---Severity of injuries on body of the complainant was a factor which could not be lightly ignored and the same had increased the anxiety of the Court regarding his physical condition at the time, when he allegedly, reported the matter---Medical Officer stated that the injured was produced to him along with the injury sheet and that thereafter the injured was examined and his Medico Legal Certificate was prepared---Medical Officer also confirmed that no opinion was asked by the scribe at the time of report and that he was not associated with the process---When on one hand it was admitted on record that prior to report the Medical Officer was not consulted, no certificate was asked regarding the capability of the complainant to talk and on the other the scribe was not a medical expert, then in that eventuality the report of the complainant needed corroboration from independent sources---Circumstances established that the prosecution failed in bringing home guilt against the accused---Appeal against conviction was allowed accordingly.

ZARSHAD vs State Ss — 2024 PCrLJ 546 PESHAWAR-HIGH-COURT

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