HAZARAY KHAN vs State Ss — 2024 SCMR 2042 SUPREME-COURT

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HAZARAY KHAN VS State Ss.302(b), 324 & 452---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, attempt to commit qatl-i-amd, house-trespass after preparation for hurt---Re-appraisal of evidence---Crime empties not sent for forensics---Presence of complainant at scene of occurrence doubtful---Dishonest improvements made by complainant and witnesses---Injured witnesses not produced for evidence---Adverse presumption---Thirty-nine crime empties of Kalashnikov, three crime empties of 12 bore along with the firearms, allegedly recovered from the appellants (accused persons) were not sent to the firearm expert for analysis and in this regard no explanation had been offered by the prosecution at the trial---Surprisingly, complainant did not receive a single firearm injury in the whole occurrence despite indiscriminate firing by the eight nominated accused and despite being in close range, allegedly witnessing the occurrence---Non-receiving of any firearm injury by the complainant during the occurrence and his accurate attribution of each injury of the deceased and injured to each accused with specific firearms casted serious doubt about his presence at the place of occurrence and his plantation as an eye witness of the occurrence due to previous enmity with the nominated accused could not be ruled out of consideration particularly when his testimony was lacking independent corroboration in material aspects---According to the complainant, his deceased father was fired upon by one of the accused while sleeping at the tube well---Admittedly complainant was not present at the tube well with his deceased father---One of the alleged eye-witness of the occurrence and three injured witnesses had not been produced at the trial due to which presumption under Article 129(g) of the Qanun-e-Shahadat, 1984 was to be drawn to the effect that had these witnesses been produced at the trial, they would have not supported the prosecution version---Statements of complainant, eye-witnesses and injured witnesses were suffering from dishonest improvements and material contradictions rendering their testimony doubtful---Prosecution had failed to prove the charge against the appellants as well as the acquitted accused beyond reasonable doubt---Appellants were acquitted of the charge, while the appeal challenging the acquittal of one of the accused and the appeal seeking enhancement of sentence of the convicts were dismissed.

HAZARAY KHAN vs State Ss — 2024 SCMR 2042 SUPREME-COURT

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