MUHAMMAD vs State S — 2022 YLR 967 FEDERAL-SHARIAT-COURT

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MUHAMMAD VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Defective investigation--- Scope--- Accused was charged for committing murder of the nephew of complainant---Record showed that the investigation was very poor, inefficient, incompetent rather dishonest---No site plan, no sketch, merely some observations and that too had been drawn at the instance of informant, who was not an eye-witness of the incident---No blood-stained earth was collected from the venue on the pretext of flooring of the room---Witnesses claimed to have seen the accused firing through windows, the observation did not contain any statement as to whether it was practicable to watch; and were the accused visible---One of the witnesses claimed to have seen the accused through bulb-light but no observation regarding source of light nor the bulb was secured into possession---None of the said inherent defects and lapses that created serious doubt regarding veracity of the statements and the manner of the commission of offence prevailed upon the Trial Court---Non-production of Investigating Officer was also prejudicial to their interest---Prosecution sought exemption on the ground that the Investigating Officer was paralyzed, whereas Official Witness stated that he had been retired---Non-examination of Investigating Officer on such flimsy and contradictory ground was a serious irregularity---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances.

MUHAMMAD vs State S — 2022 YLR 967 FEDERAL-SHARIAT-COURT

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