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

Case information

Citation
2024 PCrLJ 546 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
PCRLJ
Parties
ZARSHAD vs State Ss
Subject matter
Criminal
Provisions referred to
S. 161

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ZARSHAD VS State Ss. 302(b) & 149---Qatl-i-amd, unlawful assembly---Appreciation of evidence---Benefit of doubt---Night time occurrence---Source of light---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---Witnesses admitted that the accused were identified in the light of the bulb, installed on the outer wall of one Mr. "P"---Witnesses while recording their statements under S. 161, Cr.P.C, before the Investigating Officer, left no ambiguity that the accused were identified in the bulb light which confirmed that at the time of incident the darkness had prevailed and that the identity of the accused was possible only and only in the light of the bulb---As while reporting the matter the complainant remained silent that how the assailants were identified, so the introduction of the bulb was an afterthought and the same could not convince the judicial mind of the Court---Investigating Officer stated that the bulb was recovered at a belated stage and even the statement of the owner of the house, from whose house the same was recovered, was not recorded---In such state of affairs, the Court was not ready to accept the availability of the bulb at the time of incident and in eventuality the identity of the culprits could not be established on the record---Circumstances established that the prosecution failed in bringing home guilt against the accused---Appeal against conviction was allowed accordingly.

Other judgments reported in 2024 PCRLJ

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