MUHAMMAD UMAR vs MUHAMMAD AYAZ S — 2026 YLR 952 PESHAWAR-HIGH-COURT

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MUHAMMAD UMAR VS MUHAMMAD AYAZ S. 302(b)---Qatl-i-amd---Appreciation of evidence---Improvements made by the witnesses---Accused were charged for committing murder of the cousin of complainant by firing---It was in the evidence of complainant, that there were trees in between the place of the deceased and the place of two accused, due to it was which impossible for a common man to identify that whose fire-shot proved effective---Further, it was in the statements of eye-witnesses that first fire was made by appellant, followed by co-accused while in the FIR it was recorded that accused had asked them to come out---Accused were standing armed while they had seen them by raising their heads---Same statement had not been recorded in their Court deposition, hence eye-witnesses had improved their statements purposely so as to prove the charge against the accused---When the deceased and the eye-witnesses were working and were busy in mud plaster over the rooftop and were visible to them then there was no need to call upon them by the accused party for the reason that they wanted to kill them---Even otherwise it was illogical when the accused had been shown in an open plot covered by a boundary wall to have come to the place of occurrence for discussion over women dispute then they would certainly come to the main door side which was reflected from the record towards western side of the site plan indicating the house of the complainant, then there was no need for the accused to have come to the open plot and ask the deceased and eye-witnesses to come out which otherwise reflected on the genuineness of the prosecution story---When the prime target of the accused was to kill the deceased then astonishingly how there were a number of bullet marks in the site plan at points "B" and "C"---Appeal against conviction was allowed, in circumstances.

MUHAMMAD UMAR vs MUHAMMAD AYAZ S — 2026 YLR 952 PESHAWAR-HIGH-COURT

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