ALI MURAD alias NIAZO vs State Ss — 2022 PCrLJN 36 KARACHI-HIGH-COURT-SINDH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

ALI MURAD alias NIAZO VS State Ss. 302, 504 & 34---Qatl-i-amd, intentional insult with intent to provoke breach of peace, common intention---Appreciation of evidence---Recovery of crime weapon on the pointation of accused---Reliance---Scope---Accused were charged that they in furtherance of their common intention abused and murdered the father of complainant by causing sharp side hatchet blow---Allegedly, on the pointation of accused blood-stained hatchet was recovered by the Investigating Officer but no report of Chemical Examiner was produced before the Trial Court in respect of the alleged crime weapon as well as bloodstained earth and bloodstained clothes allegedly secured during investigation, however, said report was produced by the defence later, but was not exhibited by the Trial Court---Such report of Chemical Examiner had lost its evidentiary value and was liable to be discarded---In absence of report of Chemical Examiner, alleged recovery of bloodstained hatchet which, even otherwise, was a common object/weapon and could easily be made available from the market, could not be proved in accordance with law---Said fact was fatal to the prosecution case---Appeal against conviction was allowed, in circumstances.

ALI MURAD alias NIAZO vs State Ss — 2022 PCrLJN 36 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported