Kaleem Ullah vs State S — 2026 MLD 637 PESHAWAR-HIGH-COURT

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Kaleem Ullah VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Presence of eye-witnesses at the spot doubtful---Accused was charged for committing murder of the husband of complainant and another person by firing---Alleged eye-witness "SA" although was not mentioned in the FIR as an eye-witness, however, while preparing the site plan, the Investigating Officer had shown said witness along with "HR", as the eye-witnesses of the occurrence---Said witness reiterated the same story as narrated in the FIR, however, during cross-examination, he stated that they left the spot for the hospital after about 5/6 minutes of the occurrence and reached there at about 11:30 a.m.---According to this witness, the hospital was at a distance of one hour drive from the house of the deceased---Said witness stated that the dead-body of the deceased was shifted to the hospital in a motorcar, however, that fact was neither mentioned by him in his examination-in-chief, nor in his statement recorded under S.161, Cr.P.C.---Said witness was unable to tell about the registration number of the motorcar through which the dead-body was allegedly shifted to the hospital---According to this witness, the blood was flowing from wounds of the dead-body and his clothes were also tarnished with blood, however, he did not hand-over the same to the police---Disclosures made by both the alleged eye-witnesses in their statements were sufficient to conclude that they were subsequently procured---Both the alleged eye-witnesses had tried to bring their testimonies in line with the prosecution story---In such view of the matter, the testimonies of said witnesses could not be relied upon for sustaining conviction---Circumstances established that the prosecution had failed to prove its case against the accused beyond any reasonable shadow of doubt---Appeal against conviction was allowed, in circumstances.

Kaleem Ullah vs State S — 2026 MLD 637 PESHAWAR-HIGH-COURT

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