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---Contradictions in statements of witnesses---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---Number of accused had been exaggerated as for the death of the deceased and for the injuries of the complainant as many as five persons were charged, who were allegedly armed with sophisticated weapons, but the number of injuries on the dead bodies of the deceased and that on the complainant were factors which were in conflict with the statements of the witnesses and report of the complainant---Had all the accused fired then the number of causalities would have been more than the one in hand and the eye-witnesses would have not survived---Record showed that as many as five male members of the same family were charged and that it was for the prosecution to convince that all of them participated in killing of the deceased and causing injuries to the complainant---Investigating Officer during spot inspection collected 14 empties from the spot, but the same were not sent to the Fire Arms Expert to determine that the same were fired from one or different weapons---Had a single accused been charged then it was less important to send the recovered empties to the laboratory but in case of five accused it was obligatory, but its non-sending to the expert was a circumstance which the prosecution could not overcome and which had damaged the prosecution case beyond repair---No ambiguity was left that on one hand the witnesses suffered from contradictions whereas on the other the number of accused had been exaggerated---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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