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WAJID HUSSAIN vs State Ss — 2022 PCrLJ 540 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PCrLJ 540 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
PCRLJ
Parties
WAJID HUSSAIN vs State Ss
Subject matter
Criminal
Provisions referred to
S. 103

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

WAJID HUSSAIN VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Recovery of weapon of offence at the instance of accused---Reliance---Scope---Accused was charged that he along with co-accused committed murder of the brother of complainant by firing---Prosecution had made an abortive attempt to strengthen its case through the recovery of weapon of offence i.e. pistol at the instance of accused from his residential house---While conducting the recovery proceedings the Investigating Officer had violated the mandatory provisions of S. 103, Cr.P.C.---Occurrence took place on 16-04-2010, whereas the accused was arrested on 08-02-2015---High Court observed that such situation would not appeal to prudent mind that after committing the incident, the accused would keep the pistol in safe custody for so many years in order to hand it over to the police at a subsequent point of time---Both the recovery witnesses of seizure memo were closely related to the complainant party---Said witnesses had no residence or any business near the alleged place of occurrence---Mode of recovery of said pistol at the instance of the accused made the said recovery highly doubtful---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2022 PCRLJ

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