LIAQUAT ALI vs STATE Ss — 2026 YLR 625 PESHAWAR-HIGH-COURT

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LIAQUAT ALI VS STATE Ss. 302(b), 324 & 34---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S.15---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, possession of illicit weapon---Appreciation of evidence---Benefit of doubt---Presence of eye-witnesses at the spot not proved---Accused were charged that they made firing upon the complainant party, as a result of which, son of complainant got hit on different parts of his body and died on the spot---Ocular account of the occurrence had been furnished by complainant and his uncle---From testimonies of both the alleged eye-witnesses of the occurrence, it was crystal clear that the place of occurrence was not only situated in a thickly populated area surrounded by road, school, houses and graveyard but at the relevant time just before 2/3 minutes earlier to the subject occurrence funeral proceedings of a lady had taken place which was attended by hundreds of people of the locality, then how it was possible that the accused-party comprising of three persons duly armed with deadly weapons could not be spotted by anyone, therefore, the very presence of the alleged eye-witnesses of the occurrence at the venue of crime was disputed in view of their unnatural conduct and demeanor---If complainant-party including deceased had participated in the funeral prayers of a lady who was allegedly murdered, then prosecution or for that matter complainant-party was bound to bring on record a copy of FIR or Naqal Mad of alleged murder of deceased lady, in order to prove their presence on the spot, however, the available record suggested otherwise---As per record, appellants had been acquitted of the charge of attempt to commit murder within the meaning of S.324 P.P.C, therefore, that element also discarded and diluted the very presence of alleged eye-witnesses of the occurrence on the spot, otherwise, prosecution would have brought on record confidence inspiring evidence to that effect, which was not the case here---Appeal against conviction was allowed, in circumstances.

LIAQUAT ALI vs STATE Ss — 2026 YLR 625 PESHAWAR-HIGH-COURT

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