MUHAMMAD FAISAL vs State S — 2023 MLD 1298 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 MLD 1298 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: MLD
Parties: MUHAMMAD FAISAL vs State S
Subject matter: Criminal
Provisions referred to: S. 302; S. 103

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

MUHAMMAD FAISAL VS State S. 302(b)--- Qatl-i-amd---Appreciation of evidence---Weapon of offence recovered on the disclosure of accused---Reliance---Accused was charged for committing murder of the brother of the complainant by inflicting Toka blows---Accused was arrested in the case on 30.04.2019 and during investigation he made disclosure on 05.05.2019 and in pursuance whereof got recovered cleaver knife/Toka from the residential room of his house---Recovery proceedings were witnessed by witnesses who furnished their impeccable details, giving rise to no doubt of any nature---Weapon of offence after its recovery was forwarded to Forensic Science Agency and through report it was reported to be stained with human blood---Recovery of cleaver knife was challenged on the solitary ground that it was effected without adhering to the provisions of S. 103, Cr.P.C.---While embarking upon the arguments of defence, same were found to be contrary to the facts of the case and law on the subject---Since the recovery of cleaver knife was effected on the disclosure and pointation of the accused, thus was relevant under Art. 40 of Qanun-e-Shahadat, 1984---Such recovery attains credence and admissibility if witnessed by two witnesses, not necessarily having abode in the same neighborhood from where it was effected---Wisdom behind acceptance of such recovery had its roots in the fact that it was discovered from a place within the exclusive knowledge of none other than the accused---Circumstances established that the prosecution had succeeded in proving its case against the accused beyond any shadow of doubt---Appeal against conviction was dismissed, in circumstances.

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