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

Case information

Citation: 2022 MLD 1097 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: MLD
Parties: MUHAMMAD KARIM 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 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---Delay of more than one month in sending the weapon of offence for analysis---Scope---Accused was charged that he along with his co-accused made firing, due to which brother of the complainant was hit and died---Weapon was allegedly taken into possession on the day of incident but the same was received by the Forensic Sciences Laboratory, with a considerable delay of more than one month---Prosecution failed to explain that where such important piece of evidence was lying in the intervening period---Prosecution could not explain the safe custody and its delayed sending to the laboratory---More interestingly, neither the statement of the Police Official in whose custody the said weapon was lying nor the statement of the concerned Police Official who took the same to the Forensic Sciences Laboratory, was recorded---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 circumstance. Head Notes

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