WAJID KHAN vs STATE Ss — 2026 YLR 466 PESHAWAR-HIGH-COURT

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WAJID KHAN VS STATE Ss. 302(b), 364, 404, 201, 202 & 109---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd, kidnapping or abducting a person with the intent that they may be murdered or put in danger of being murdered, dishonest or fraudulent misrepresentation of a will or other document relating to the creation of a posthumous document, causing disappearance of evidence of an offence or for giving false information to screen an offender, intentional omission to give information about an offence by a person legally bound to do so, abetment, possession of illicit weapon---Appreciation of evidence---Benefit of doubt---Contradictions in the statements of witnesses---Accused was charged for committing murder of the brother of complainant by firing---Scribe of Murasila stated that the appellant was interrogated on suspicion and during interrogation, appellant, confessed his guilt and on his pointation, the dead body was recovered from a forest---At the pointation of appellant, the site plan was prepared by the Investigating Officer---When cross-examined said witness admitted that he could not write and admitted that the Murasila was not in his hand-writing---Similarly, said witness admitted that the injury sheet was also not prepared by him, nor he recorded the statement of accused while interrogating him as suspect---Perusal of cross-examination of said witness revealed that all documents bearing his signatures were not in his hand writing, raising doubts about the authenticity of recovery---Per cross-examination of said witness, his statement under S.161 Cr.P.C. was not recorded by the Investigating Officer though the site plan was prepared by the Investigating Officer at his pointation, however, no specific position had been assigned to the recovered dead body from the spot---Additionally, Head Constable, who accompanied the SHO to the spot, contradicted the prosecution's narrative---According to cross-examination of Head Constable, no other person except him was present when the dead body was recovered, directly negating the claim that the appellant was present or that the body was recovered at his direction---Such contradictions severely undermined the spot proceedings viz-a-viz prosecution's assertion that the dead body was recovered pursuant to the appellant's confession and pointation---Circumstances established that the prosecution, under no circumstance, was able to establish guilt of the appellant beyond a reasonable doubt---Appeal against conviction was allowed, in circumstances.

WAJID KHAN vs STATE Ss — 2026 YLR 466 PESHAWAR-HIGH-COURT

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