SHAHID HUSSAIN vs State Ss — 2022 PCrLJN 68 LAHORE-HIGH-COURT-LAHORE

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

SHAHID HUSSAIN VS State Ss. 302(b), 392, 411 & 34---Qatl-i-amd, dacoity, receiving stolen property and common intention---Appreciation of evidence---Benefit of doubt---Recovery of crime weapon and other material on the pointation of accused---Reliance---Scope---Prosecution case was that the accused persons with common intention while trying to take away motor cycle, gold ornament, cash, mobiles and documents committed murder of the cousin of the complainant---Investigating Officer stated in his statement before the Trial Court that accused during interrogation disclosed and got recovered dagger from cluster of trees but did not state that same was blood stained at the time of its recovery---Even otherwise, place of recovery being an open place was accessible to everyone---Recovery was not believable, in circumstances---Investigating Officer further stated that on the same day, accused got recovered his blood stained clothes but did not disclose specific place of the recovery---Recovery of blood stained clothes of the accused in absence of positive report of Forensic Science Agency qua blood grouping of the deceased was inconsequential---Investigating Officer further stated that accused got recovered mobile Nokia, one gold finger ring, two currency notes but did not disclose specific place of their recovery, hence, the said recovery was also not believable---Circumstances established that the prosecution had failed to prove its case against the accused beyond the shadow of doubt---Appeal against conviction was allowed, in circumstances.

SHAHID HUSSAIN vs State Ss — 2022 PCrLJN 68 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported