NAZR UL ISLAM vs State Ss — 2022 YLR 1429 PESHAWAR-HIGH-COURT

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NAZR UL ISLAM VS State Ss. 302(b) & 353---Qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty---Appreciation of evidence---Recovery of weapon of offence and crime empties---Reliance---Scope---Accused was charged for committing murder of S.H.O. and a A.S.I. by firing---During the course of investigation the Investigating Officer took in possession the weapon of offence i.e. Kalashnikov after being produced by the complainant before him---Police Constable had also been examined in support of the recovery memo---Complainant while deposing in court had also stated that they had overpowered the accused and took from him the Kalashnikov i.e. weapon of offence as well as from his personal search they had also recovered a 30-bore pistol along with six live rounds---Other eye-witness had also supported the complainant in that assertion---Recovery of weapon from possession of the accused had stood proved which had subsequently been taken in possession by the Investigating Officer---Twenty-eight crime empties of 7.62 bore had been recovered by Investigating Officer from the spot of occurrence---Weapon of offence and crime empties had been sent to Forensic Science Laboratory for the purpose of obtaining an expert opinion about its matching, report received therefrom revealed that all the empties had been fired from the SMG rifle No. 4607614 (recovered from the accused)---Said corroboratory pieces of evidence had also been going in synchronization with case of the prosecution---Circumstances established that case of the prosecution stood proved from all angles and there remained no doubt regarding culpability of the accused---Appeal against conviction was dismissed accordingly. Head NotesCase Description

NAZR UL ISLAM vs State Ss — 2022 YLR 1429 PESHAWAR-HIGH-COURT

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