Shahid Zaman vs State Ss — 2025 YLR 2412 PESHAWAR-HIGH-COURT

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Shahid Zaman VS State Ss. 302 & 311---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd, ta'azir after waiver or compounding of right of qisas in qatl-i-amd, possession of illicit weapon---Appreciation of evidence---Benefit of doubt---Place where each deceased was done to death doubtful---Accused was charged for committing murder of the nephew of complainant and his wife by firing---On arrival of the local police to the spot, the matter was reported by the complainant, but the scribe stated that on arrival to the spot, the dead body of the male deceased was available, whereas that of the lady deceased was brought to the stated place after his arrival---When the scribe reached to the place of incident and when the report was made by the complainant, then he should have visited the house of the female deceased, as by then her dead body was lying in the house---Explanation given by the scribe regarding the shifting of the dead body of female deceased to the place of the male deceased did not appeal to a prudent mind that for what propose the dead body of the female deceased was brought to the place, where the dead body of male deceased was lying---Said particular aspect of the case had troubled the judicial mind of the Court and the Court was not reluctant in holding that the female was also killed outside the house---Investigating Officer, while preparing the site plans, did not mention the recoveries of empties from the spot, but later the empties were shown recovered, that aspect of the case had further disputed the exact place, where the lady deceased was killed---Such uncertainty showed that the deceased were killed when found together---Circumstances established that the prosecution failed to bring home guilt against the appellant---Appeal against conviction was allowed, accordingly.

Shahid Zaman vs State Ss — 2025 YLR 2412 PESHAWAR-HIGH-COURT

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