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---First Information Report lodged with consultation---Accused was charged that he along with his co-accused committed murder of the son of complainant by firing---No denial of the fact that he incident in the present case allegedly occurred in the night of 06.12.2021 at unknown time, where the dead body of deceased was lying in athoroughfare near the house of one "A" ---According to FIR, on the following morning i.e. 07.12.2021 at 07:00 a.m., the co-villagers came to the house of complainant and informed her regarding presence of the dead body of her son on the spot---While reporting the matter on 07.12.2021 at 11:20 hours, although the complainant charged the appellant and acquitted co-accused for committing murder or her son by firing at him with firearms---However, it was amatter of surprise that while reporting the matter, the stated that she was consulting with her relatives and after satisfying herself, she charged the accused for the commission of offence---However, an incident reported after due consultation and deliberation could not simply be brushed aside, as the same created reasonable doubt regarding involvement of an accused in the commission of offence---Astonishingly, after getting information about the dead body of her son at about 7:00 a.m., the complainant reported the matter after lapse of more than four hours, while as per record the place where the dead body was lying was at a walking distance from the house of complainant---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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