Said rehman vs State Ss — 2025 YLR 632 PESHAWAR-HIGH-COURT

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Said rehman VS State Ss. 302(b), 324, 427, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, mischief causing damage to the amount of fifty rupees, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Mode and manner of the incident doubtful---Accused were charged for committing murder of three brothers of the complainant by firing---Complainant disclosed that after receiving firearm injuries in the main gate of the house, the deceased (then injured) were put in a vehicle; and blood oozed from their bodies at the stated places---If the deceased received firearm injuries in the main gate of the house, then under all circumstances, the blood must have been recovered therefrom, but absence of blood from the main gate of the house was a circumstance which belied the stance of the complainant and confirmed that the deceased received injuries at different points, and after receiving firearm injuries they fell to the ground, which is why the Investigating Officer collected blood from their respective places---At the time of spot inspection, apart from the regular police, some officials from the political administration were also available, as the premises from which the blood and empties were collected was located in the erstwhile Federally Administered Tribal Areas---When admittedly, the accused, the empties and the blood were found in a tribal territory, then in that eventuality, neither the registration of the FIR was competent, nor the Trial Court was competent to have decided the fate of the appellants---Complainant and the eye-witness twisted the facts and made a conscious attempt to shift the incident from different points to the front of the main gate of the house, so that the local police and the established Courts would be competent to assume jurisdiction---Deviation of the complainant from the natural course and shifting of places of the deceased were from different points to the main gate of the house though brought the matter within the competence of the local police, but at the same time it damaged the prosecution case beyond repair, as the absence of blood from the main gate of the house was a circumstance which could not be lightly ignored---Incident did not occur in the mode and manner claimed and at the stated time---Circumstances established that the prosecution failed to prove its case against the accused---Appeal against conviction was allowed, in circumstances.

Said rehman vs State Ss — 2025 YLR 632 PESHAWAR-HIGH-COURT

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