Citation Name: 2024 YLR 427 PESHAWAR-HIGH-COURTBookmark this Case HUMAYUN vs HABIB-UR-REHMAN Ss

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Citation Name: 2024 YLR 427 PESHAWAR-HIGH-COURTBookmark this Case HUMAYUN VS HABIB-UR-REHMAN Ss. 302(b), 324, 337-F(iii), 427, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr - jaifah - hashimah, mischief causing damage to the amount of fifty rupees, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Presence of the witnesses at the spot doubtful---Accused were charged that they made firing upon the complainant party, due to which three persons died while complainant sustained fire arm injuries---Accused charged were seven in number duly armed with Kalashnikovs, but interestingly, the Investigating Officer succeeded in collecting eight empties of 7.62 bore from two different places---As the place was deserted and nobody was present around, then why the Investigating Officer succeeded in collecting only eight empties of 7.62 bore despite the fact that the complainant stated that soon after firing, the accused decamped from the spot---Number of injuries on persons of the deceased and on the complainant further increased the anxiety of the Court regarding the involvement of seven persons in the episode---When there was indiscriminate firing, then why greater damage was not caused to the tractor in question and why instead of the right rear tyre getting burst, the left one received the fire shots---Thus, there was still prevailing the atmosphere of uncertainty regarding the credibility of the witnesses and the manner in which the incident occurred---Presence of the eye-witness did not spell out from the record, which further got support from his statement recorded before the trial Court, where he stated that though, he put his thumb impression on the report made by the complainant, but the same was not read over to him---Said portion of the statement of the eye-witness had put the Court on guard regarding his presence at the time of report, as he did not disclose that the complainant reported the matter in his immediate presence, so there was every likelihood that the same was made in his absence---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was accordingly allowed.

Citation Name: 2024 YLR 427 PESHAWAR-HIGH-COURTBookmark this Case HUMAYUN vs HABIB-UR-REHMAN Ss — 2024 YLR 427 PESHAWAR-HIGH-COURT

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