SALIH MUHAMMAD alias SAWAL vs State Ss — 2022 PCrLJ 173 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 PCrLJ 173 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: PCRLJ
Parties: SALIH MUHAMMAD alias SAWAL 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

SALIH MUHAMMAD alias SAWAL VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence--- Recovery of weapon of offence on the pointation of accused---Reliance---Scope---Accused were charged for committing murder of the complainant/deceased---Record showed that the recovery had been effected after three days of the occurrence---However, the same had been shown to be containing blood in such quantity that it had been found sufficient for blood grouping---Forensic Science Laboratory Report had been showing that weapon of offence had been containing human blood and of the same group and matching with blood group found on the blood stained earth and blood stained shirt of the deceased---Likewise, the recovery of rifle on pointation of the co-accused from his landed property had also been found doubtful for the reason that according to marginal witness of the recovery memo the place of recovery could be covered within 05/10 minutes from the main road---Recovery had been effected after three days of the occurrence then how was it possible that the rifle had been lying in open field for long three days and same had not been spotted by anyone---Such recoveries and Forensic Science Laboratory Reports had not been free from doubts as well---Circumstances established that the prosecution had not been able to bring home guilt of the accused---Appeal was allowed. Head NotesCase Description

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