NAIK NAWAZ alias SHEKAR vs State Ss — 2021 YLR 872 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 872 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: NAIK NAWAZ alias SHEKAR vs State Ss
Subject matter: Criminal

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

NAIK NAWAZ alias SHEKAR VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Delay in sending the crime empties for analysis---Scope---Accused was charged that he and co-accused made firing upon the complainant party, due to which the nephew of complainant and another person were hit and died, whereas three persons sustained injuries---In the present case, the empties were recovered on 27.10.2016 along with blood stained earth, but those were received on 17.11.2016 and 08.11.2016 respectively---Question arose when said recoveries were effected on the same day, then why the empties were received after a delay of 20-days, prosecution could not explain as to where the empties were lying till its dispatch and receipt to the office of the Chemical Examiner---Said fact failed to establish its safe custody on record, as neither the moharrir of the concerned Police Station was produced nor the abstract from register No.19 of the concerned Police Station was placed on file---Empties and its report had lost its worth in circumstances, no weight could be attached to the opinion tendered by the Forensic Sciences Laboratory---Circumstances established that the prosecution had failed to prove its case against the accused---Appeal against conviction was allowed, in circumstances.

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