LAIS KHAN vs State Ss — 2022 YLRN 9 PESHAWAR-HIGH-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

LAIS KHAN VS State Ss. 302(b) & 34--- Qatl-i-amd, common intention--- Appreciation of evidence--- Defective investigation---Effect---Accused was charged that he on the command of his co-accused/father committed murder of the husband of the complainant by firing---Record showed that the Investigating Officer visited the spot, recovered bloodstained earth along with an empty of 7.62 bore and on pointation of the eye-witnesses the site-plan was prepared---Record showed that the blood-stained earth was recovered from point 'B' where initially to the Investigating Officer the deceased after receiving firearm injury fell down---Investigating Officer soon thereafter changed his version by stating that the deceased did not fall to the ground after receiving the fatal shot---As to which of the witnesses was telling the truth and which not, and in order to ascertain as to whether in fact the deceased did not fall to the ground it was essential for the Investigating Officer to recover the vehicle which was not done---Despite the fact that the registration number of the vehicle found mentioned in the report and even it was the vehicle which was used for transporting the deceased to Police Station but it was not taken into possession---If the statement of the driver was taken into consideration regarding the ownership of the vehicle where he stated that the vehicle belong to a person "M" and even that fact was mentioned in his 164, Cr.P.C statement, but the Investigating Officer did not associate the said "M" with the process of investigation---Said lack of interest on part of all concerned led to hold that either the incident did not occur in the mode and manner or that no blood was found in the vehicle---In order to wriggle out from the glaring contradiction the Investigating Officer chose to conceal that material piece of evidence without realizing the fact that his such concealment would spoil the prosecution case---Circumstances established that the prosecution had failed to prove its case against the accused---Appeal against conviction was allowed, in circumstances. Head Notes

LAIS KHAN vs State Ss — 2022 YLRN 9 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported