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MASHAD ALI vs State Ss — 2021 PCrLJN 16 PESHAWAR-HIGH-COURT

Case information

Citation
2021 PCrLJN 16 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Parties
MASHAD ALI vs State Ss
Subject matter
Criminal
Provisions referred to
S. 13; Pakistan Arms Ordinance (XX of 1965)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MASHAD ALI VS State Ss. 302(b) & 34---Pakistan Arms Ordinance (XX of 1965), S.13(d)---Qatl-i-amd, common intention, possessing illicit weapon---Appreciation of evidence---Recovery of incriminating material---Reliance---Scope---Accused was charged for committing murder of the deceased then injured/complainant---Record showed that recovery of blood from the place of the deceased his last worn bloodstained garments coupled with positive serologist report in respect thereof corroborated the dying declaration of the deceased, then injured, and ocular account of eye-witness---Testimony of eye-witness and Investigation Officer were in line with each other on the point that the crime pistol recovered from possession of the accused at the spot by official witness was produced to the Investigating Officer at the spot, who took the same in his possession in presence of eye-witness---Said pistol along with the crime empty was sent to the Forensic Science Laboratory, report whereof was in positive---Ocular/direct evidence furnished by eye-witness was trustworthy and confidence inspiring, therefore, in such circumstances, there would hardly be any significance of any corroboration from recovery of pistol---Appeal against conviction was dismissed, in circumstances.

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