Faqir-ur-Rehman vs Hussain Ahmad Ss — 2025 PCrLJ 1217 PESHAWAR-HIGH-COURT

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Faqir-ur-Rehman VS Hussain Ahmad Ss. 302(b) & 201---Criminal Procedure Code (V of 1898), S.417(2A)---Qatl-i-amd, causing disappearance of evidence of an offence, or giving false information to screen an offender---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Accused was charged for committing murder of his wife/daughter of the complainant by sprinkling kerosene oil---Perusal of record revealed that deceased was wife of accused/respondent, who had no doubt died inside house of accused/respondent but it was apparent that accused had taken the lady to the hospital immediately after receiving burn injuries and also shifted her to more equipped hospital so as to save her life---In that respect, sister of deceased had admitted in her cross-examination that after receiving burn injuries by deceased, she was first shifted to a hospital by accused, then to other hospital and thereafter to POF hospital---Record also suggested that the lady had died at POF hospital, where she had been taken for treatment by her husband/accused/respondent---Report had also been lodged by accused/respondent on second day of occurrence to the effect that he along with other family members were present in his house where victim was making preparation for 'Sehri' when she was burnt due to gas cylinder, which occurrence had taken place due to her negligence and thereafter she had been taken to hospital for treatment---Accused did not charge anybody for the occurrence---In the circumstances burden lying on accused under Art. 122 of Qanun-e-Shahadat, 1984, had also been discharged by accused/respondent wherein sufficient explanation was available in evidence in the shape of lodging report as well as taking lady to hospital---Besides, there was no direct evidence of occurrence which could connect accused/respondent with the commission of offence---Circumstances established that prosecution had not been able to prove the case against accused/respondent beyond reasonable doubt---Appeal against acquittal was dismissed in limine, in circumstances. Citation Name: 2025 PCrLJ 1217 PESHAWAR-HIGH-COURTBookmark this Case Faqir-ur-Rehman VS Hussain Ahmad Ss. 302(b) & 201---Criminal Procedure Code (V of 1898), S.417(2A)---Qatl-i-amd, causing disappearance of evidence of an offense, or giving false information to screen an offender---Appreciation of evidence---Appeal against acquittal---Contradictions in medical evidence---Accused was charged for committing murder of his wife/daughter of the complainant by sprinkling kerosene oil---Medical Officer/surgeon stated in his examination in chief that as per history and record, the deceased had got fire by kerosene oil---Said witness also stated that on medical examination, her body had been found extremely burnt (upto 75% of total body area) and expired in hospital on 31.08.2011---In cross-examination, said witness admitted that the medical report had been issued by him on 05.09.2011---Resident Medical Officer Surgery had stated in examination in chief that he had issued death certificateon the basis of available history of case and that he had nowhere mentioned cause of burn to be kerosene oil---Same record was before the two doctors but the one issuing death certificate had not mentioned anything about kerosene oil to be cause of burn while the other doctor had mentioned in his report that Kerosene oil had been cause of burning of body of deceased---Latter report had also been issued on 05.09.2011 after five days of death of the lady which had taken place on 31.08.2011---Complainant had also recorded statement under S.164, Cr.PC, on 08.09.2011, at much belated stage---In rest of evidence there was nothing to the effect which could have supported that factum of burning of body through kerosene oil---In this case also the report was not found well substantiated---Same was also issued by doctor at belated stage and same sufficiently stood contradicted by rest of evidence---Circumstances established that prosecution had not been able to prove the case against accused/respondent beyond reasonable doubt---Appeal against acquittal was dismissed in limine, in circumstances.

Faqir-ur-Rehman vs Hussain Ahmad Ss — 2025 PCrLJ 1217 PESHAWAR-HIGH-COURT

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