USMAN vs STATE Ss — 2026 YLR 796 PESHAWAR-HIGH-COURT

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USMAN VS STATE Ss. 302(b) & 34---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S.15---Qatl-i-amd, common intention, possession of illicit weapon---Appreciation of evidence---Benefit of doubt---Statement of complainant contradicting the contents of FIR and Medico-Legal Certificate---Accused was charged that he along with his co-accused committed murder of the son of complainant by firing---Perusal of examination-in-chief of the complainant revealed that she did not name "A", rather mentioned the house of neighbor, where the dead body was allegedly lying---Surprisingly, when complainant stated that she along with her sister-in-law went to the spot and found the dead body of her son where she lodged the report to police, which was belied by the initial report wherein it had been stated that the matter was reported at civil hospital---Cross-examination of the complainant was also astonishing, wherein she stated that when they found the dead body of deceased, police arrived to her house at about 7:00 a.m., which was the time when she was allegedly informed by her co-villagers about the dead body of her son---Complainant further stated that she in the company of her sister-in-law and all the Police Officials went to the spot and remained there till 12:30 noon---Surprisingly, complainant stated that the dead body also remained with them till 12:30 noon and thereafter, the Police Officials took the dead body from the spot to civil hospital---Such deposition was not sufficient to be relied upon for sustaining conviction of the appellant, that too, on a capital charge, as the same was totally in conflict with the contents of FIR and Medico-Legal evidence---Circumstances established that the prosecution had miserably failed to prove the case against the appellant---Appeal against conviction was allowed, accordingly.

USMAN vs STATE Ss — 2026 YLR 796 PESHAWAR-HIGH-COURT

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