ALLAH DITTA vs State Ss — 2023 YLR 2538 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 YLR 2538 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: YLR
Parties: ALLAH DITTA vs State Ss
Subject matter: Criminal

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

ALLAH DITTA VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Recovery of Chaddar/weapon of offence on the disclosure of accused---Accused was charged for committing murder of the sister of complainant and her daughter---As per statement of Investigating Officer, on 26.04.2016, the accused in pursuance of his disclosure led to the recovery of Chadar/weapon of offence, which was taken into possession vide recovery memo. attested by witnesses---Admittedly one of the marginal witnesses of said recovery memo. did not utter a single word about such recovery on the pointing out of the accused rather stated in his examination-in-chief that a knife was recovered on the pointation of accused---Hence, such recovery remained un-corroborated and the same is of no avail to the prosecution---Recovery, even otherwise, is considered a corroborative piece of evidence and solely can not be made basis for conviction of an accused---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt---Appeal against conviction was accordingly allowed.

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