SHAMSUDDIN vs MUHAMMAD ASIF Ss — 2023 YLRN 54 KARACHI-HIGH-COURT-SINDH

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SHAMSUDDIN VS MUHAMMAD ASIF Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Appeal against acquittal---Recovery of weapon---Delay in sending the weapon for analysis---Effect---Allegations against the accused were that he along with his co-accused duly armed with daggers in furtherance of their common intention stabbed dagger blows to deceased and committed his murder---Record showed that alleged daggers were received on 11.03.2009 however, the same were sent to the Chemical Examiner for testing purpose on 29.06.2009, which was received by the said office on 04.09.2009 after the delay of more than three (03) months for which no explanation had been furnished that during such period whether the crime weapons/case property was kept in safe custody---If the case property was lying in the malkana then why entry of keeping the same had not been brought on record---Case property was sent for chemical examination through Head Constable but the said Head Constable had not been examined by the prosecution to corroborate the version of prosecution---Appeal against acquittal was dismissed in circumstances.

SHAMSUDDIN vs MUHAMMAD ASIF Ss — 2023 YLRN 54 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported