MUHAMMAD KARIM vs State Ss — 2022 MLD 1097 PESHAWAR-HIGH-COURT

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MUHAMMAD KARIM VS State Ss.302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Recovery of weapon of offence from the possession of accused---Reliance---Scope---Accused was charged that he along with his co-accused made firing, due to which brother of the complainant was hit and died---Police Official/ASI stated that at a distance of one furlong from the police station, the accused was arrested and at the time of arrest, he recovered .30 bore pistol along with fitted magazine containing live rounds, but while preparing the card of arrest said witness did not mention the recoveries effected from personal possession of the accused---Prosecution was to tell as to whether it was ASI/Police Official, who arrested the accused and effected recoveries from his personal possession or, that it was the Investigating Officer who recovered the pistol along with ammunition---Both the said witness did not support each other the way the recoveries were effected---Situation was further deteriorated by the complainant, when he stated that the Investigating Officer recovered the weapon of offence from personal possession of the accused in his presence---Conflict among the three spoiled the validity of that piece of evidence---Another aspect of the case was that soon after its alleged recovery, the pistol being the weapon of offence was not sealed into parcel and the possibility could not excluded of its having been tampered---Investigating Officer did not record statements of the concerned Police Officials to establish its safe custody---Circumstances established that the prosecution did not succeed in bringing home guilt against the accused---Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court, in circumstances. Head Notes

MUHAMMAD KARIM vs State Ss — 2022 MLD 1097 PESHAWAR-HIGH-COURT

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