MUHAMMAD TARIQ vs State Ss — 2022 PCrLJN 94 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD TARIQ VS State Ss. 302(b), 109, 148 & 149---Qatl-i-amd, abetment, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Recovery of weapon of offence---Reliance---Scope---Accused were charged that they along with co-accused while armed with deadly weapons committed murder of the maternal nephew of the complainant---In the present case, the Investigating Officer, during his cross-examination, admitted that the accused persons kept claiming their innocence during the investigation and no crime weapon could be recovered from the possession of accused---Though, recovery of a shot gun had been shown effected from co-accused, but it was admitted by the Investigating Officer that the same was done on the last day of physical custody of co-accused with the investigation agency---Similarly, the same was effected from a house jointly possessed by the accused and his other family members---No report of the Forensic Science Agency even with regard to the mechanical status of the gun was available on record---Said facts not only discredited the veracity of recovery proceedings but also made the recovery of gun inconsequential---Circumstances established that the prosecution failed to prove its case against the accuse beyond the shadow of reasonable doubt---Appeal against conviction was allowed, in circumstances.

MUHAMMAD TARIQ vs State Ss — 2022 PCrLJN 94 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported