MUHAMMAD NAWAZ vs State S — 2022 PCrLJN 77 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD NAWAZ VS State S. 302(b)--- Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Recovery of weapon of offence from accused---Reliance---Scope---Accused were charged that they in furtherance of their common object, due to demand of return of borrowed amount, committed murder of the brother of complainant and also concealed the evidence by throwing his dead body in the thick crops---Record showed that there was no eye-witness of the incident of murder and there was also no evidence as to who used the weapon and which weapon was used at the time of committing murder of deceased---Only the accused in his confessional statement stated that co-accused had fired from Cartages Pistol (Desi Pistol) upon the deceased---No evidence was available in respect of kind of weapon used in the commission of offence or in respect of carrying of weapon by the accused at the time when deceased was lastly seen with the accused---No recovery of the empty of cartages from the place of vardat which matched with the recovered pistol---Medical Officer also during cross-examination stated that it was a fact that at present it could not be said that injury was caused either with bullet or cartridge---Even otherwise, simpliciter recovery of even crime weapon from the accused without any direct or substantive evidence was not sufficient to convict the accused---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt--- Appeal was allowed and accused were acquitted by setting aside convictions and sentences recorded by the Trial Court, in circumstances.

MUHAMMAD NAWAZ vs State S — 2022 PCrLJN 77 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported