SAEED AHMAD vs State Ss — 2022 YLRN 172 LAHORE-HIGH-COURT-LAHORE

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SAEED AHMAD VS State Ss. 302(b), 394 & 34---Qatl-i-amd, voluntarily causing hurt in committing robbery, common intention---Appreciation of evidence---Recovery of weapon of offence at instance of accused---Reliance---Scope---Accused were charged for committing murder of the brother of complainant by firing during robbery---Record showed that accused got recovered pistol that was lying under clothes in a room of his house and it was secured vide a memo---Prosecution had not proved that the place of recovery was within the exclusive possession of said accused---Statements of recovery witnesses showed that it was commonly occupied house and at the time of recovery proceedings neither the room nor the house was under any key and lock---Pistol was concealed at such place which was in exclusive knowledge of accused and no other person could approach that venue---Recovery of pistol at the instance of accused had not been successfully proved by the prosecution and when it is so the positive report of Forensic Science Agency would be of no consequence---Circumstances established that the prosecution had not been able to prove its case against the accused beyond reasonable doubt---Appeal against conviction was allowed, in circumstances.

SAEED AHMAD vs State Ss — 2022 YLRN 172 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported