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---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---Complainant stated that on the day of incident after getting released from their business, he along with the deceased was on his way back to his home when they reached to the spot they came across the eye-witness as well, when in the meanwhile the accused and his co-accused were attracted to the spot in a motorcar, thus de-boarded from the same and started firing at them---Incident was witnessed in the light of a bulb was installed on the outer wall of the house of one Mr. "P"---Eye-witness supported the report of the complainant and confirmed the source of identification, as the light of a bulb was installed on the outer wall of one Mr. "P"---However, witnesses failed to confirm the presence of their shops in the local Bazaar and even no independent witness was produced in that respect and as such the witnesses failed to convince the Court that it was because of their joint business that they were heading back to their houses when the tragedy occurred---Even the Investigating Officer could not collect any evidence in that respect, more particularly no witness from the said Bazaar was examined---When the most important piece of evidence was left undetermined and when the parties were lacking interest in that respect, the Court was left with no other option but to hold that the fact of returning back from the shop was introduced for the sole purpose to establish their presence on the spot at the time of incident---Investigating Officer did not investigate the case on those particular lines and even he did not visit the local bazaar to ascertain the veracity of the statements of the witnesses and even no witness was examined from the local bazaar who could disclose the availability of the shops of the complainant party, so the getting together of the complainant, the deceased and the eye-witnesses did not appeal to a prudent mind---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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