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ALLAH WASAYA vs State Ss — 2022 PCrLJ 616 PESHAWAR-HIGH-COURT

Case information

Citation
2022 PCrLJ 616 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
PCRLJ
Parties
ALLAH WASAYA 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

ALLAH WASAYA VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Recovery of weapon of offence and crime empties---Reliance---Scope---Accused were charged for committing murder of the brother of the complainant by firing---Six empties of 7.62 bore and an empty of 30 bore were recovered from the spot, while one .30 bore pistol with magazine containing five rounds of .30 bore were recovered from possession of the accused---Empties were recovered on the day of occurrence, while the alleged weapon of offence was recovered from the accused after more than fifteen days, which were sent together to the Forensic Science Laboratory, which was not a safe course and it smacked of foul play on the part of Investigating Officer for the reason that till recovery of weapon the empties remained in their custody in police station---Law required that empty recovered from the spot should be sent to the laboratory without any delay, failing which such recovery was not free from doubt and could not be used against the accused---Circumstances established that the prosecution failed to prove its case against the accused person beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances. Head NotesCase Description

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