NAJEEB ULLAH vs State S — 2022 YLR 838 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 YLR 838 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: YLR
Parties: NAJEEB ULLAH vs State S
Subject matter: Criminal
Provisions referred to: S. 302

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

NAJEEB ULLAH VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Recovery of weapon of offence---Reliance---Scope---Accused was charged for committing murder of the deceased---Recovery of the pistol had not been effected from direct possession of the accused or on his pointation---Pistol had been recovered on pointation of another person---Investigating Officer while appearing in court had tried to explain that said pistol had in-fact been handed over by said person to his friend and from him it had been acquired by the accused but neither said person nor his other friend could be produced by the prosecution as witnesses---Accused could not be tagged with recovery of the pistol on mere statement of the Investigating Officer---Recovery of weapon of offence when was not shown to have been effected by the accused then the matching of Forensic Science Laboratory Report would be of no help to the case of prosecution---Circumstances established that the prosecution had not been able to bring home guilt of the accused beyond reasonable doubt---Appeal against conviction was allowed, in circumstances. Head NotesCase Description

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