ABDUL WAHEED vs State Ss — 2023 PCrLJ 611 KARACHI-HIGH-COURT-SINDH

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ABDUL WAHEED VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Recovery of weapon of offence, crime empties and blood stained earth---Effect---Accused was charged that he and co-accused committed murder of the cousin of the complainant by firing---Mashir was examined by the prosecution in support of the recoveries who deposed that in his presence Investigation Officer inspected the dead body of the deceased and prepared mashirnamas including the danistnama---Recovery of blood stained earth and the empty cartridge was effected from the place of vardat in his presence---Said witness further deposed that on 22-09-2010 Investigating Officer arrested the accused and prepared such mashirnama, who on 26.9.2010 produced the SBBL gun from palal of open plot, which was also sealed by Investigating Officer at spot and prepared mashirnama---Accused disclosed to the Investigating Officer that he used the same gun for committing the murder of deceased---Said witness was cross examined but could not find any substance favourable to the accused---Investigating Officer deposed that he sent the empty cartridge recovered from the place of incident and the gun produced by the accused for Forensic Science Laboratory and received positive report---Blood-stained earth and the clothes of deceased were sent for chemical examination and also received report in positive---Investigating Officer was cross examined at length but nothing favourable to accused was pointed out by the defence---No enmity or ill-will suggested against that witness who was important and independent witness of the prosecution---Circumstances established that the prosecution proved its case against the accused beyond a reasonable doubt by producing independent, trustworthy, reliable and confidence-inspiring evidence in the shape of oral evidence as well as medical evidence coupled with other corroborating evidence so also the recovery of crime weapon and the empty of 12 bore cartridge from the scene of offence with positive Forensic Science Laboratory Report---Appeal against conviction was dismissed accordingly.

ABDUL WAHEED vs State Ss — 2023 PCrLJ 611 KARACHI-HIGH-COURT-SINDH

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