SADAM ULLAH vs State Ss — 2022 PCrLJN 123 PESHAWAR-HIGH-COURT

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SADAM ULLAH VS State Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Recovery of weapon of offence on the pointation of accused---Reliance---Scope---Accused was charged for committing murder of the deceased then injured/complainant---Weapon of offence, dagger, was recovered on the pointation of the accused---Record showed that prosecution had not associated any independent witness with the said recovery though private persons were present there at some distance, as voluntarily stated by the attesting witness of the recovery memo---Recovery of dagger was effected on 30.12.2014 but sketch prepared by Investigating Officer in that regard bore visible overwriting, thus, the date on which the recovery was made was doubtful---In addition, according to the report of Serologist no opinion had been given regarding the blood on the said dagger being insufficient for analysis---Observations of the Trial Court that the blood on the clothes of deceased had matched with the blood on the recovered dagger were against the evidence on record---Even otherwise, recovery of crime weapon, being corroborative piece of evidence, by itself was not sufficient for conviction of an accused when no direct evidence of convincing nature was available against him on the record---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances. Head Notes

SADAM ULLAH vs State Ss — 2022 PCrLJN 123 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported