ARSHAD ALI vs State S — 2024 MLD 212 PESHAWAR-HIGH-COURT

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ARSHAD ALI VS State S. 302(b)--- Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Recovery of pistol from the possession of the accused---Doubtful---Accused was charged for committing murder of the brother of the complainant by firing---Regarding recovery of pistol, marginal witnesses i.e. Head Constable and SHO were examined---Head Constable during cross-examination admitted that except SHO, the Investigating Officer had not associated any other notable person from the area in connection with recovery, but nothing of the sort was forthcoming from the statement of said witness---Similarly, the other marginal witness to the recovery stated that he made entry in daily diary of the even date but the same was not available on the judicial file---During course of cross-examination of said witness, the parcel was de-sealed on the request of defence counsel and some sharp object on the body beside the trigger was found on the pistol allegedly recovered from the accused, but astonishingly as per recovery memo .30 bore pistol without number having fit magazine containing five rounds of .30 bore was allegedly recovered from the accused---In that view of the matter, recovery of pistol from the accused was disbelieved---Such type of pistols could easily be procured and after making some fire shots, the same along with empties were sent to the Forensic Science Laboratory to make the prosecution case a success---Needless to mention that why the empties allegedly recovered from the spot were not sent to the Forensic Science Laboratory, rather same were sent to the Forensic Science Laboratory after arrest of the accused---Circumstances established that the prosecution had failed to prove its case beyond shadow of doubt---Appeal against conviction was accordingly allowed.

ARSHAD ALI vs State S — 2024 MLD 212 PESHAWAR-HIGH-COURT

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