MUHAMMAD ASLAM vs State S — 2023 YLRN 78 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD ASLAM VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Recovery of blood stained clothes of deceased and other articles---Scope---Accused was charged for committing murder of his wife/sister of complainant--- Record showed that blood stained clothes i.e. shalwar and kameez of accused were taken into possession by police through recovery memo.---Said recovery was immaterial because the accused was arrested in the case and he got recovered clothes stained with blood from his personal possession---Contrary to that, Investigating Officer conceded during cross-examination that as per statement of Police Official, he handed over three parcels said to contain blood stained earth, bugda and blood stained clothes of accused one day prior to the arrest of the accused---Alleged recovery of mobile phone at the instance of accused did not advance the case of prosecution because it was an ordinary thing, easily available in the market---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances.

MUHAMMAD ASLAM vs State S — 2023 YLRN 78 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported