MUHAMMAD AATIF vs State Ss — 2022 PCrLJ 489 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD AATIF VS State Ss. 302, 396, 397 & 412---Qatl-i-amd, dacoity with murder, robbery or dacoity with attempt to cause death or grievous hurt, dishonestly receiving property stolen in the commission of dacoity---Appreciation of evidence---Benefit of doubt---Recovery of looted amount, pistol, crime empties and live bullets---Scope---Accused were charged for committing murder of two persons by firing during dacoity at petrol pump---Prosecution had relied upon the recovery of currency amounting to Rs.43,000/- (allegedly part of snatched cash) and pistol along with four live bullets on the pointing out of accused---High Court observed that cash amount was not a tainted money or having any mark of identification and it would be unsafe and against the norms of justice to connect the same with the occurrence merely on the oral assertion of the prosecution witnesses without corroboration from any independent source---Prosecution version was that Investigating Officer had secured three empties of pistol and one empty of rifle .44-bore vide recovery memo from place of occurrence and after arrest of the accused, pistol along with four live bullets was also got recovered by the accused but said pistol was never sent to the office of forensic expert for its analysis with the crime empties secured from the place of occurrence---Recovery of crime weapon, in circumstances, was inconsequential for the prosecution---Circumstances established that the prosecution had failed to bring on record any convincing and reliable evidence to establish nexus of the accused with the occurrence---Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court.

MUHAMMAD AATIF vs State Ss — 2022 PCrLJ 489 LAHORE-HIGH-COURT-LAHORE

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