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MUHAMMAD IDREES vs State Ss — 2021 YLRN 48 SUPREME-COURT-AZAD-KASHMIR

Case information

Citation
2021 YLRN 48 SUPREME-COURT-AZAD-KASHMIR
Court
Supreme Court of Pakistan
Year
2021
Parties
MUHAMMAD IDREES 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

MUHAMMAD IDREES VS State Ss. 302, 324, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Sentence, reduction in---Recovery of weapon and crime empties---Scope---Allegation levelled against the accused was that they armed with 30-bore pistols attacked upon a peaceful procession and killed three innocent persons and injured many others---All the witnesses were unanimous on the point that a large number of bullets were fired by the accused, however, the record showed that only four empties were recovered from the place of occurrence---Prosecution had alleged that as the place of occurrence was thickly populated area and due to the running of vehicles and the people the empties might be misplaced, however, that version was not of worth consideration as the incident took place in the city near to the police station and it was the duty of the police to collect the evidence at the relevant time---Record showed that the recovery of the alleged crime weapons on the pointation of the accused had been made from an open place situated at a thickly populated area adjacent to a main road but neither any independent witness of the locality had been associated with the recovery proceedings nor there was any explanation from the prosecution side that at the time of recovery no independent person was available---Record also showed that from the recovered empties none else matched with the pistol allegedly recovered on the pointation of the accused and the pistol allegedly recovered on the pointation of the co-accused had not been sent to the Forensic Science Laboratory---Reliance could not be placed on such recovery, in circumstances---Appeals against conviction were partly accepted and the sentences awarded to the accused were converted to the sentences already undergone.

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