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Malik SARFRAZ vs State Ss — 2022 PCrLJ 762 ISLAMABAD

Case information

Citation
2022 PCrLJ 762 ISLAMABAD
Court
Islamabad High Court
Year
2022
Reporter
PCRLJ
Parties
Malik SARFRAZ 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

Malik SARFRAZ VS State Ss. 302(b), 337-a(ii) & 34---Qatl-i-amd, shajjah mudihah, common intention---appreciation of evidence---Benefit of doubt---Recovery of weapon of offence from the accused---Reliance---Scope---accused was charged that he along with co-accused persons committed murder of the son of complainant and also caused injuries to his relative---Investigating Officer had candidly conceded during his cross-examination that the firearm weapon which had been recovered was in a rusted condition---Investigating Officer also admitted that no spent cartridge was recovered from the crime scene---Recovered firearm weapon was neither sealed nor sent to an expert for forensic examination---Investigating Officer had also conceded that he had not collected any evidence to prove the motive---Neither blood nor any spent cartridge was found by the Investigating Officer at the crime scene---Justification given by the latter in his deposition was that the crime scene was on a busy road and that it had ruined---However, no other witness had stated that it had ruined on the day of occurrence---Complainant, during cross-examination, had deposed that the spent cartridge might have fallen in the watercourse near the crime scene---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt---appeal against conviction was allowed, in circumstances.

Other judgments reported in 2022 PCRLJ

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