MUHAMMAD AYAZ vs State Ss — 2023 YLR 1537 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD AYAZ VS State Ss. 302(b) & 325---Qatl-i-amd, attempt to commit suicide---Appreciation of evidence---Recovery of weapon of offence on the instance of accused---Inconsequential---Accused was charged for committing murder of the son of the complainant by inflicting knife blows---Recovery of the Knife from the accused, could not be relied upon as the knife which had been used by the accused to cause the death of the deceased, though taken into possession by the Investigating Officer of the case, however, was never produced before the Trial Court---Investigating Officer stated that a sealed parcel of the knife was prepared and handed over to Police Official and similar was the statement of said Police Official---However, according to the statement of recovery witness, two different knives were recovered---Said recovery witness also stated that the churri recovered from the accused had a yellow coloured handle---Contrary to the said statement, according to the report of Forensic Science Agency, the knife analyzed by Forensic Science Agency had an orange coloured handle---In that manner, it was not clear as to out of the two knives used by the accused during the occurrence, which knife was produced before the Trial Court and exhibited as an article and which knife was analyzed by the Forensic Science Agency---Moreover, it was noted that one of the knives was also sent to the office of Forensic Science Agency for the analysis of the finger prints and according to the report of Forensic Science Agency, the knife was processed for the development of latent prints, however no latent print was developed, therefore, no comparison was conducted with the finger and palm print of the accused---Thus, the recovery of the knife did not further the case of prosecution in any manner---In view of the said facts, the alleged recovery of the knife was not proved and the same could not be used as a circumstance against the accused---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt, however due to mitigating circumstance, the death sentence was altered to imprisonment for life---Appeal against conviction was dismissed with said modification in sentence.

MUHAMMAD AYAZ vs State Ss — 2023 YLR 1537 LAHORE-HIGH-COURT-LAHORE

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