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---Number of accused---All male members of accused party implicated---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---Complainant played a gamble by implicating nearly all male members of the respective families, without considering their status, their interest and the benefits they wanted to derive---Complainant and the eye-witnesses tried consistently to convince that the cause of killing was the post held by the deceased brother of complainant, but they ignored that the land in question was given to the department some 35 years back and that on the same post initially, the father of deceased was performing the duties as tube well operator and his other uncle as watchman (chowkidar), but nothing was brought on record that by then any of the deceased raised objection or the post in question was disputed---Even otherwise, the deceased was appointed much earlier to the present incident, so the record was silent as to when, where and at what time the accused consulted one another and why innocent persons were done to death---It was the conduct of the witnesses and it was the exaggerated charge which persuaded the High Court to hold that the incident did not take place in the mode and in the manner alleged---Once the veracity of the witnesses was questioned and once the credibility of the witnesses was disturbed, then the responsibility of the prosecution increased for collecting impartial witnesses and reliable evidence, but the prosecution failed to do the same---Appeal against conviction was allowed, in circumstances.

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

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