SULEMAN vs State Ss — 2022 PCrLJ 1623 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 PCrLJ 1623 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: PCRLJ
Parties: SULEMAN 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

SULEMAN VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Recovery of crime weapon---Reliance---Scope---Accused were charged for committing murder of the deceased by firing---In the present case, the other piece of evidence was the recovery of crime weapon, i.e. 9 mm pistol from the accused and positive report of the Firearms Arms Expert---Perusal of the statements of the recovery witnesses revealed that the Investigating Officer, after registration of the FIR, went to the hospital and place of occurrence, and till 1:35 a.m., he was present at the place of occurrence, and thereafter, he went to the police station---On the other hand, official witness stated that recovery was affected from the accused at 2:30 a.m.---Record showed that the place of occurrence and the place of recovery of the alleged pistol was at a distance of about 135 kilometers---Impossible that one person, i.e. the Investigating Officer, was present at two different places at the same time, which rendered the prosecution case doubtful---Even otherwise, official witness stated in his statement that the accused was alighted from the vehicle, and during his personal search, one 9 mm pistol was recovered from him---Investigating Officer did not state a single word about the vehicle---Said aspect of the matter also caused reasonable doubt in the prosecution case---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances. Head NotesCase Description

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2022 PCrLJN 11 KARACHI-HIGH-COURT-SINDHAHMAD KHAN VS State Ss. 497 & 498---Bail---At bail stage, deeper appreciation of evidence is not required.
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2022 PCrLJN 53 KARACHI-HIGH-COURT-SINDHABU YAHYA ASIF VS State Ss. 3 & 4---Criminal Procedure Code (V of 1898), S. 417(2)---Appreciation of evidence--- Appeal against acquittal---…

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