Fazal nawaz alias muhammad shafi vs State S — 2024 PCrLJ 993 PESHAWAR-HIGH-COURT

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Fazal nawaz alias muhammad shafi VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Contradictions in the statement of witnesses---Accused was charged for committing murder of the brother of complainant by firing---First Information Report did not mention that following the assailant's gunfire, the complainant took shelter in a nearby house---However, when asked, he replied to have taken shelter in a house situated 28 to 30 feet away from the spot---Under cross-examination, the complainant asserted that he had pointed out the house to the Investigating Officer during the spot inspection---While reviewing the site plan, nothing was found regarding the existence of the mentioned house near the spot, nor did it indicate that the complainant had taken shelter anywhere---Furthermore, both the complainant and the Investigating Officer provided conflicting statements, with the latter asserting that there was no place of shelter near the spot---Report's scribe also affirmed the absence of any shelter near the spot---Investigating Officer denied the complainant disclosing any shelter during the spot inspection---In light of these circumstances, the eyewitness account was not only inconsistent with the details in the FIR, but also contradicted the information presented in the site plan and the statements of the scribe and the Investigating Officer---Said aspect of the case raised questions about the credibility of the complainant's account---Lack of mention of seeking shelter in the FIR, coupled with discrepancies between the complainant's version and the site plan, created doubts regarding the truthfulness of the events so described---Appeal was allowed, in circumstances.

Fazal nawaz alias muhammad shafi vs State S — 2024 PCrLJ 993 PESHAWAR-HIGH-COURT

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