Sahib Zaman vs State Ss — 2025 YLR 2298 PESHAWAR-HIGH-COURT

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Sahib Zaman VS State Ss. 302(b), 324, 337-F(iii), 201 & 34---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah-hashimah, causing disappearance of evidence or giving false information to screen an offender, possession of illicit weapon---Appreciation of evidence---Unnatural conduct of the injured witness---Accused were charged for committing murder of the father of complainant by firing and causing injuries to an eye-witness---Injured witness, who was having a stamp of injuries on his person, had neither been made complainant of the instant case nor he had seconded or verified the contents of FIR---Medical Officer, who had examined the injured witness, deposed in his cross-examination that when the injured was brought to the hospital he was well-oriented in time and space, therefore, the prosecution could not bring on record any explanation that why the injured witness who was the sole eye-witness of the occurrence and having stamp of injuries on his body had not been made complainant of the instant case despite the fact that he was conscious at the time of his examination in the hospital---As per record, at the time of lodging of report by the complainant in the hospital, the injured witness was also present with him---However, injured witness did not inform the complainant in the hospital that it was the appellant who had made firing upon the complainant-party amongst the set of three assailants, rather he kept mum for considerable period of more than 11-months and it was finally in his Court statement, he, for the time disclosed the factum of identity of the appellant qua his effective role of firing---Circumstances established that the prosecution had failed to prove its case against the accused-appellant beyond reasonable doubt, therefore, his conviction could not be maintained---Resultantly, appeal against conviction was allowed, accordingly.

Sahib Zaman vs State Ss — 2025 YLR 2298 PESHAWAR-HIGH-COURT

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