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

Case information

Citation: 2024 PCrLJ 993 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: PCRLJ
Parties: Fazal nawaz alias muhammad shafi vs State S
Subject matter: Criminal
Provisions referred to: S. 302

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

Fazal nawaz alias muhammad shafi VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Presence of the complainant at the venue doubtful---Accused was charged for committing murder of the brother of complainant by firing---Complainant stated that the Investigating Officer arrived at the spot 30 minutes after the occurrence, a claim inconsistent with the established timeline of the events---Occurrence took place at 08.00 hours, the report was lodged at 08.15 hours, and the FIR's registered at 09.05 hours---Investigating Officer said that he received the FIR copy within 30 minutes of its registration and reached the spot within 15 to 20 minutes, suggesting his arrival at around 09.50 hours---Said discrepancies raised doubt regarding the complainant's presence at the scene at the relevant time, as the disclosed timings did not align with the documented sequence of the events---Additionally, the complainant promptly reported the occurrence to the local police within 15 minutes---Inquest report was prepared at the scene, but in the identification column, two witnesses identified the deceased, not the complainant---While it was not mandatory for the complainant to be identifier of the dead body in every case, the circumstances in the present case were peculiar---Presence of the complainant was otherwise doubtful---Appeal was allowed, in circumstances.

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