FAZAL DAYAN vs State Ss — 2021 YLRN 106 PESHAWAR-HIGH-COURT

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FAZAL DAYAN VS State Ss. 302(b), 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Benefit of doubt---Recovery of weapon of offence and crime empties---Scope---Prosecution case was that the accused made firing at a transgender, as a result of which, he sustained injuries and he was shifted to hospital, where in injured condition, he reported the matter to police, and succumbed to the injuries---Admittedly, the empties of .30 bore were recovered from the spot, but these were not sent to the Forensic Science Laboratory on the same day in order to ascertain as to whether those were fired from one and the same weapon or more---Accused was arrested along with pistol and FIR was registered against him on the same day, however, it was taken in the case by Investigation Officer with a delay of eight days and the same was sent to the Forensic Science Laboratory for its comparison along with recovered empties, which were received in Forensic Science Laboratory after three days of its receipt by the Investigation Officer---Positive report of Forensic Science Laboratory qua pistol, in circumstances, was of no help and supported to the prosecution---Record was silent qua safe custody of the recovered empties of .30 bore---Circumstances established that the prosecution had not proved its case against the accused beyond reasonable doubt---Appeal against conviction was allowed, in circumstances.

FAZAL DAYAN vs State Ss — 2021 YLRN 106 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported