SAMI ULLAH vs State S — 2023 YLR 1461 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 YLR 1461 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: YLR
Parties: SAMI ULLAH vs State S
Subject matter: Criminal
Provisions referred to: S. 302

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

SAMI ULLAH VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Recovery of weapon and crime empties---Scope---Accused was charged for committing murder of the father of complainant by firing---Record showed that rifle .222 bore was recovered from the possession of accused---Notable, the Investigating Officer had taken into possession six empties from the spot on the day of occurrence, whereas, rifle .222 bore was allegedly recovered from the possession of accused however, report of Forensic Science Agency in respect of the recovery was in the negative and the empties recovered from the spot could not be found to be fired from the rifle .222 bore, recovered on the pointation of accused---Thus, alleged recovery of .222 bore rifle on the pointation of the accused was inconsequential and no benefit could be extended to the prosecution on account of said recovery---However, if the prosecution evidence qua recovery of rifle .222 bore was excluded from consideration, even then sufficient incriminating evidence was available on record to prove the prosecution case against the accused---Circumstances established that the prosecution had proved its case against the accused, however, due to some mitigating circumstances, the conviction was maintained but sentence awarded to the accused was altered from death to imprisonment for life---Appeal was dismissed with said modification in sentence.

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