SABIR HUSSAIN vs State Ss — 2022 YLR 173 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 YLR 173 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: YLR
Parties: SABIR HUSSAIN 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

SABIR HUSSAIN VS State Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Recovery of incriminating material on the pointation of accused---Scope---Accused was charged that he along with his co-accused committed murder of the son of the complainant---Record showed that on the pointation of accused the motorcycle used in the commission of the alleged offence was recovered from his house and further recovered a piece of rope and chappal of the deceased and plastic bag from the place of occurrence and the same were taken into possession through recovery memo---Official witness stated during cross-examination that the recovered articles were not sealed---No sealed parcel was made by the Investigation Agency---Alleged rope and chappal were easily available in the village or at any place---Nothing on the file that the piece of rope was used/ caused the death of the deceased---Imperatively, recovery of the articles could not be termed as discovery, when it was not recovered from any hidden place---Circumstances established that the prosecution had failed to prove its case against the accused---Appeal against conviction was allowed, in circumstances.

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