Parvaiz vs State Ss — 2026 YLR 342 FEDERAL-SHARIAT-COURT

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Parvaiz VS State Ss. 302(b), 324, 396 & 149---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(4)---Qatl-i-amd, murder with dacoity, unlawful assembly, haraabah---appreciation of evidence---Benefit of doubt---Ocular account not proved---accused were charged that they made firing upon the complainant party; the brother of complainant was hit and died during dacoity---Ocular account was advanced by complainant and recovery witnesses, who deposed the story of main occurrence---Worth of testimony of recovery witnesses showed that they were not the witnesses of the previous occurrence and also they were not the witnesses ofexposures of names of the unknown accused persons to complainant---Complainant himself failed to prove that fact of the exposure of names and identity of the said unknown culprits, therefore, the specific attribution of snatching of the articles during the occurrence of dacoity without holding of any identification parade and not be believed---Similarly the specific attribution of fire shots could not be believed for the same reason---Therefore, statements of said witnesses in that regard before the Court could not be considered of any worth---Beside that said witnesses were part of the manipulations carried out by the police---Complainant had assigned specific role to each of the five accused with names for snatching of cash, mobile phones, wrist watch and gold chain---Complainant admitted that he and the eye-witnesses did not become injured and even did not receive any scratch nor any sign of bullet was highlighted inside the shop on any place or object---Only four crime empties were recovered---Defence denied the presence of all the witnesses at the place of occurrence---Complainant categorically stated that after fall of deceased, the other accused persons who were also armed with pistols also made straight fire shots towards them with intention to kill but they fell down and their fire shots missed; this statement did not fit in the scenario so depicted of indiscriminate firing---appeal against conviction was allowed, in circumstances.

Parvaiz vs State Ss — 2026 YLR 342 FEDERAL-SHARIAT-COURT

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