ALI ASGHAR vs State Ss — 2023 YLRN 68 LAHORE-HIGH-COURT-LAHORE

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ALI ASGHAR VS State Ss. 302(b), 449 & 34---Qatl-i-amd, house trespass in order to commit offence punishable with death, common intention---Appreciation of evidence---Sentence, modification of---Recovery of weapon of offence and crime empties---Scope---Accused was charged that he along with his co-accused committed murder of husband of complainant by firing---Record showed that .12-bore repeater was recovered at the instance of accused, however, the said recovery was immaterial because the crime empties were received in the office of Forensic Science Agency after the arrest of the accused---If the crime empty was sent to the Forensic Science Laboratory after the arrest of the accused or together with the crime weapon, the positive report of the said laboratory lost its evidentiary value---Circumstances established that the prosecution had proved its case against the accused, however, motive set up by the prosecution had not been believed and the recovery of weapon of offence had not been proved, thus, it was not a case of capital punishment, thus, death sentence awarded to the accused was converted into imprisonment for life---Appeal was dismissed with modification in sentence.

ALI ASGHAR vs State Ss — 2023 YLRN 68 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported