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---Ocular account and medical evidence---Confliction---Accused were charged for committing murder of three brothers of the complainant by firing---Record showed that the medical evidence was in conflict with the ocular account---Had the deceased received firearm injuries in the main gate of the house, the deceased would have received the maximum number of injuries on their chest with its' exit on their back, but the medical evidence and the post mortem report told another story---When the firing was made soon after the gate was opened, then question was how the deceased received maximum number of injuries on their back and why the deceased did not receive injuries on the left, as left side of the bodies of the deceased exposed to the set of accused who were present to the west of the house---Time between injury and death was another circumstance which did not support the eye-witness account, as according to the complainant the deceased breathed their last when they reached near the hospital, whereas the doctor confirmed the death as immediate---Medical evidence was confirmatory in nature and in presence of trustworthy and confidence inspiring eye-witness account, the same played little role, but once the witnesses failed to convince their presence on the spot and once the credibility of the witnesses was shattered, then in such eventuality the conflict between the two would be a factor to be taken into consideration in favor of the accused and the present case was no exception---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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