Mumraiz Ali vs Anwar Ali Ss — 2025 YLR 2541 PESHAWAR-HIGH-COURT

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Mumraiz Ali VS Anwar Ali Ss. 302(b), 324, 337-F(ii), 452, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah badi'ah, house-trespass, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Benefit of doubt---Large number of accused implicated to cast a wider net--- Accused were charged for committing murder of father, brothers, daughter and sister-in-law of complainant and causing fire arm injures to the complainant and his brother---Admitted fact that the parties were closely related, however great number of accused were charged, so if on one hand substitution was a rare phenomenon, then at the same time the number of accused could not be excluded from consideration---From the respective families the head of the family i.e. the fathers and their sons were charged and no male member was excluded from the charge, so when such was the state of affairs, then the Court was constrained to hold that the number of accused had been abnormally exaggerated, coupled with the fact that the witnesses failed to convince that the incident occurred in the stated manner---Moreover, the number of causalities could not be overlooked, but question was whether the same by itself would be satisfactory for convicting the appellants to death sentence---Under all circumstances it was for the prosecution to prove and it was the prosecution which must convince the purpose which brought as many as 12 accused to the spot and the benefits which they aimed to achieve---Tragic incident had shocked the Court, but emotions should not prevail to guide, rather it was the evidence on file which would determine the fate of all concerned---As the complainant and the eye-witness deposed against the circumstances of the case and as the manner in which the incident occurred had spoken otherwise, so the Court was confident in holding that the witnesses tried their level best to convince that the incident occurred at the stated time and in the stated manner, but unfortunately, they failed to convince---Appeal against conviction was allowed, in circumstances.

Mumraiz Ali vs Anwar Ali Ss — 2025 YLR 2541 PESHAWAR-HIGH-COURT

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