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SAKHAWAT ALI vs State Ss — 2022 YLRN 192 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 YLRN 192 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Parties
SAKHAWAT ALI 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

SAKHAWAT ALI VS State Ss. 302(b) & 34--- Qatl-i-amd and common intention--- Recovery of weapon--- Non-production of original report of Forensic Laboratory--- Effect--- Prosecution alleged recovery of churri on the lead of accused but from the same house which had already been examined not by the witnesses at the time of recovery of dead body but was also inspected by the police as well and it was not expected that police had not searched out the whole house---Availability of churri at the site was not believable and that too in between the beddings placed on a cot---Churri was blood stained---Report of Forensic Laboratory revealed that the Chemical Examiner had observed human blood on the churri but the prosecution had not tendered original report and no evidence was available as to how duplicate report was brought on record without first requesting the Court to bring on record secondary evidence---Recovery was effected after about one month of the occurrence and the same was of no avail for the prosecution as the human blood would have disintegrated in a period of about three weeks---Recovery in the case was inconse-quential, in circumstances.

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