ARSHAD ANWAR vs State S — 2021 YLR 1145 SUPREME-COURT-AZAD-KASHMIR

Case information

Citation: 2021 YLR 1145 SUPREME-COURT-AZAD-KASHMIR
Court: Supreme Court of Pakistan
Year: 2021
Reporter: YLR
Parties: ARSHAD ANWAR vs State S
Subject matter: Criminal
Provisions referred to: S. 13---P; Penal Code (XLV of 1860)

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

ARSHAD ANWAR VS State S. 13---Penal Code (XLV of 1860), Ss. 324, 302, 337-F, 34 & 504---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah, common intention, intentional insult with intent to provoke breach of peace, possession of unlicensed arms---Appreciation of evidence---Recovery of weapon---Non-availability of report of Forensic Laboratory---Weapon not in working condition---Mitigating circumstance---Scope---Accused was alleged to have ineffectively fired at the complainant---Recovery of crime weapon was the only evidence which could play vital role in the case of accused to ascertain the true picture---Recovery of crime weapon on the pointation of the accused was made after a considerable delay i.e. on the last day of remand---Recovery witness stated that at the time of recovery, weapon was in working condition whereas Trial Court had noted that the weapon was not in working condition---Weapon recovered on the pointation of accused and the empties recovered from the spot were not even sent to the Forensic Laboratory---Strong mitigation in respect of the recovery, which in view of the role attributed to the accused was of vital importance as well as the active participation of the accused, was available in the case---Sentence of accused was reduced to the one already undergone by him---Appeal of accused was disposed of accordingly and that of complainant was dismissed.

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