NOOR ISLAM vs State S — 2022 PCrLJN 98 PESHAWAR-HIGH-COURT

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

NOOR ISLAM VS State S. 302(b)--- Qatl-i-amd--- Appreciation of evidence--- Sentence, reduction in---Recovery of incrimination material---Scope---Accused was charged for committing murder of the cousin of complainant---Investigating Officer had recovered blood-stained axe and blood through cotton from the spot which were secured vide recovery memo---Similarly, blood-stained shirt of the deceased was taken into possession through recovery memo---According to Forensic Science Laboratory Report, blood on the axe and shirt had matched with the blood recovered from the spot, thus, said report further corroborated the prosecution case---Investigating Officer had not only recovered motorcycle on which the accused and deceased had arrived to the place of occurrence but a helmet was also recovered during search of his house as a proof of the fact that he was using motorcycle as routine---Some contradictions with regard to the aforesaid recoveries in the statements of witnesses could not be excepted---Inconsistencies, being minor in nature, had no significant bearing on the prosecution case---Appeal was partly allowed by setting aside conviction and sentence recorded by the Trial Court under S. 302(b), P.P.C. and accused was convicted under S. 302(c), P.P.C. and sentenced to rigorous imprisonment for fourteen years. Head Notes

NOOR ISLAM vs State S — 2022 PCrLJN 98 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported