MUHAMMAD BILAL vs State Ss — 2023 YLR 2051 QUETTA-HIGH-COURT-BALOCHISTAN

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MUHAMMAD BILAL VS State Ss. 302(b), 337-F(i) & 34---Qatl-i-amd, shajjah-e-madihah, common intention---Appreciation of evidence---Benefit of doubt---Recovery of weapon of offence on the disclosure of accused doubtful---Prosecution case was that the accused persons equipped with knives attacked upon complainant party, due to which one died and another sustained injuries---Soon after registration of FIR, the Investigating Officer inspected the place of occurrence and prepared the site map in presence of witnesses, but surprisingly, after the arrest, as per prosecution, on the disclosure of accused, the crime weapon i.e. knife was recovered from the same room---At the very first visit, the Investigating Officer thoroughly searched the room, where the alleged occurrence had taken place, but on such date, no weapon was recovered, which also created doubt with regard to recovery of crime weapon---Even otherwise, as per prosecution, the said room was situated in a building, where certain other rooms were constructed, in which many people and families were residing at the time of occurrence, as well as at the time of alleged recovery, but no efforts were made by the Investigating Officer to make any of the inhabitant of the area as a mashir in the case---Conduct of the Investigating Officer showed that he violated the provisions of S. 103, Cr.P.C.---Another important aspect of the case was that when the Investigating Officer searched the room of accused, it was unlocked and such fact was admitted by the SI---On second visit when the alleged recovery was affected, then too, the said room was unlocked and such fact was admitted by the Investigating Officer---Furthermore, the Investigating Officer also failed to collect any material with regard to the tenancy or ownership of the said room, which also created doubt in the recovery of the alleged knife---Appeal against conviction was allowed, in circumstances.

MUHAMMAD BILAL vs State Ss — 2023 YLR 2051 QUETTA-HIGH-COURT-BALOCHISTAN

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