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Sheikh ARSALAN vs State Ss — 2022 PCrLJ 1308 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2022 PCrLJ 1308 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2022
Reporter
PCRLJ
Parties
Sheikh ARSALAN vs State Ss
Subject matter
Criminal
Provisions referred to
S. 342---Q; S. 342; Criminal Procedure Code (V of 1898)

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

Sheikh ARSALAN VS State Ss. 302(b), 392 & 34---Criminal Procedure Code (V of 1898), S. 342---Qatl-i-amd, robbery, common intention---Appreciation of evidence---Statement of accused was recorded under S. 342, Cr.P.C.---Scope---Accused was charged that he along with co-accused snatched mobile phone and also made firing upon the brother of the complainant, due to which he died---Statement of the accused persons in terms of S. 342, Cr.P.C., had not been recorded in accordance with its spirit---Such departure was not permissible---Record transpired that the Trial Court, while convicting the accused, relied upon recovery of the crime weapon, i.e. pistol, and the allegedly snatched Nokia mobile phone of the deceased, but the Trial Court did not put any question in respect of recovery of crime weapon and alleged snatched mobile phone to the accused while recording his statement under S. 342, Cr.P.C.---If any piece of evidence was not put to the accused in his statement recorded under S. 342, Cr.P.C., the same could not be used for his conviction---Appeal was allowed by setting aside convictions and sentences recorded by the Trial Court and the case was remanded to the Trial Court for decision afresh after recording the testimony of witnesses of recovery memo along with case property. Head NotesCase Description

Other judgments reported in 2022 PCRLJ

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