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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

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---Qatl-i-amd, robbery, common intention---Appreciation of evidence---Recovery of weapon of offence, mobile phone and crime empties---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---During the investigation the alleged crime weapon, i.e. pistol along with snatched mobile phone, was recovered from the possession of the accused, which was taken into possession through a recovery memo in the presence of the witnesses---Crime empties which were allegedly recovered from the place of occurrence and the crime weapon allegedly recovered from the possession of the accused were also sent to the Firearm Expert---Investigating Officer also obtained a positive report of a Firearm Expert---Marginal witnesses of the recovery memo were cited as prosecution witnesses in the challan filed against the accused---Marginal witnesses was also witness of the recovery memo of a copy of Call Data Record (CDR), who appeared before the court---Said witness only gave a statement to the extent of recovery of CDR, but the public prosecutor did not exhibit the recovery of crime weapon and alleged snatched mobile phone before the Trial Court---Neither the material prosecution witness was summoned or examined in the trial nor the case property---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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