ABDUL GHAFFAR vs State Ss — 2023 PCrLJ 769 QUETTA-HIGH-COURT-BALOCHISTAN

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

ABDUL GHAFFAR VS State Ss. 302, 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Benefit of doubt---Recovery of weapon of offence at the instance of accused doubtful---Accused were charged for committing murder of the mother and sister of complainant by firing---In the present case, 9mm pistol was recovered at the instance of accused and the positive report of the Firearms Expert was received---Prosecution produced recovery witness in that regard---According to the version of said witness, the accused disclosed that he could recover the pistol he used to make firing upon his wife and mother-in-law---Said witness further stated that on the pointation of the accused, one 9mm pistol was recovered from the house of the relative of the accused---Prosecution had not produced any other witness to corroborate the statement of said witness to the extent that the alleged pistol was recovered on the pointation of the accused from the house of his relative---However, Investigating Officer of the case only stated in his statement that he prepared recovery memo of the pistol in the presence of witnesses but did not state a single word in his statement that the alleged pistol was recovered from the house of relative of accused on pointation of the accused---Prosecution failed to produce the person from whose home alleged recovery of 9mm pistol was effected on the pointation of the accused---Moreover, when neither the said house belonged to the accused nor the prosecution produced any witness to establish that the said person was a relative of the accused, then how it was possible that the accused kept the pistol in the house of a stranger, which created reasonable doubt in the prosecution case---Circumstances established that the prosecution had failed to prove the culpability of the accused through reliable, trustworthy and confidence-inspiring evidence--- Appeal against conviction was allowed, in circumstances.

ABDUL GHAFFAR vs State Ss — 2023 PCrLJ 769 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Judgment text as reported

Other judgments reported in 2023 PCRLJ