PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

MUHAMMAD NAZIM vs State Ss — 2022 PCrLJN 82 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PCrLJN 82 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Parties
MUHAMMAD NAZIM 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

MUHAMMAD NAZIM VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Recovery of weapon of offence and crime empty---Reliance---Scope---Accused was charged for committing murder of son of the complainant by firing---Recovery witness stated that accused led to the recovery of pistol .30-bore from the outer wall of sheller near eastern Railway Phatak---Examination of recovery memo showed that it was recovered from the outer wall of Railway Phatak inside the bushes and that too by digging the earth---Recovery witness admitted that there were bushes of reeds at the place of occurrence---Recovery in an open place was not of worth reliance for the prosecution---Said witness admitted that fields were situated near the place of recovery, people could easily walk through from said fields---Witness admitted that he did not mention the colour of shopper---Witness admitted that Thanedar did not call the owner as well as employees of the Sheller---Recovery witness stated that recovery was effected at 12.00 p.m., whereas Investigating Officer did not depose about time of recovery, rather during cross-examination deposed that he had shown the arrest of accused---Such facts threw light that pistol was planted---Recovery in the case had not been proved, therefore, positive report of Forensic Science Agency was not useful for the prosecution even otherwise when the witnesses had not been found present at the place of occurrence and their testimony was not believable---Mere on the basis of recovery accused could not be convicted---Circumstances established that the prosecution had failed to prove its case beyond any shadow of doubt---Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court.

Back to the case-law library · Search Pakistani case law in Urdu or English