PESHAWAR: The Peshawar High Court has set aside life sentences awarded to three people by a trial court for killing a man and his three sons in Charsadda over a decade ago.

A bench consisting of Justice Lal Jan Khattak and Justice Shakeel Ahmad ruled that the prosecution failed to prove its case against the three appellants, including Naqab Gul and his two sons, including Naeem Gul and Hameed Gul, and the evidence on record did not connect them with the commission of the offence.

The appellants were charged in an FIR registered at the Charsadda police station on Aug 13, 2009.

The complainant in the case was Naseebzada, a brother of three of the deceased, who in inured condition had told the police that they had an altercation with the appellants on the day of occurrence.

Sets aside life sentences awarded by trial court

The complainant had alleged that his father and three brothers were sitting outside their house due to power loadshedding when the accused showed up, started firing gunshots killing his father, Sheerin, and his three brothers, including Lalzada, Khanzada and Wazirzada, and fled.

The accused went into hiding and were taken into custody eight years later.

A Charsadda model trial court later convicted the three on July 28, 2020, and awarded life imprisonment and Rs500,000 fine to them each.

Khizar Hayat Khazana, lawyer for the appellants, said his clients were falsely implicated in the case.

He argued that the firing incident took place at night and that the complainant had admitted that they were sitting outside their home because of power loadshedding, so it was not possible for him to identify attackers due to darkness.

The counsel argued that the crime site also contradicted the prosecution’s claim as the complainant’s house didn’t stand there and instead, the house of appellants was there.

He pointed out that bodies of the deceased lied in a field near the residence of the appellants suggesting that they had attacked the house of appellants.

The lawyer said the complainant had suppressed important facts in the case.

He argued that according to records, five gunshots were fired at the deceased and the dimension of their injuries showed that they were fired at from the same weapon by a single person.

Referring to several judgements of the superior courts, Mr Khazana contended that absconding was not a crime unless it was corroborated by other evidence.

Published in Dawn, December 9th, 2022