Cr.A (Life) No. 33-B of 2019 Farzand Ali Vs State

Peshawar High Court · 2022

Held: (i) The statements of witnesses in respect of arrival of the dead bodies along with injured witnesses to the hospital and their subsequent examination by the doctor when read with juxtaposition with report made by the complainant, the same contradict each other and in turn damaged the prosecution case beyond repair, more particularly, effected veracity of the witnesses. (ii).if all the accused duly armed would fire with the only intention to kill; the situation would have been different with multiple injuries to all the victims. We cannot ignore that all injuries on injured witnesses landed on non-vital parts of their bodies, had the intention was to kill, then the accused would have easily eliminated their targets, but the circumstances suggest that it was the doing of single persons as there was no hindrance to save the complainant side provided the incident occurred in the manner. (iii). Law is settle that every incriminating piece of evidence must be put to the accused charged, failing which the same loses its evidentiary value, the present case is no exception. (iv).The conduct displayed by the Prosecution by not producing the most important witnesses has further damaged the prosecution case and an inference can easily be drawn that abandoned eyewitnesses were not ready to support false claim of the complainant. (Appeal was accepted and the appellants were acquitted in the circumstances).

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