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

Case information

Citation: 2024 MLD 212 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: MLD
Parties: ARSHAD ALI vs State S
Subject matter: Criminal
Provisions referred to: S. 302

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

ARSHAD ALI VS State S. 302(b)--- Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Safe custody of the recovered crime empties and pistol not proved---Accused was charged for committing murder of the brother of the complainant by firing---Record showed that the empties were collected on 10.8.2017, but the same were not sent to the Forensic Science Laboratory after they were recovered---Even there was nothing on the record which could suggest that the same remained in safe custody till those were received in the Forensic Science Laboratory on 14.9.2017 along with .30 bore pistol allegedly recovered on 31.8.2017, on the date at which the accused was arrested---In that view of the matter, the positive Forensic Science Laboratory report could not be taken into consideration for sustaining conviction---Besides, when the ocular account of the prosecution case had been disbelieved, mere recovery of the pistol and crime empties, would not be sufficient for recording conviction---Circumstances established that the prosecution had failed to prove its case beyond shadow of doubt---Appeal against conviction was accordingly allowed.

Other judgments reported in 2024 MLD

2024 MLD 608 KARACHI-HIGH-COURT-SINDHRamesh Kumar VS State Benefit of doubt---While giving the benefit of doubt to an accused it is not necessary that there should be many circu…
2024 MLD 474 KARACHI-HIGH-COURT-SINDHMOHAMMAD DANISH REHMANI VS State Ss.302, 119, 109 & 34---anti-Terrorism act (XXVII of 1997), S.7---Sindh arms act (V of 2013), S. 23(1)(a)--…
2024 MLD 1359 KARACHI-HIGH-COURT-SINDHBehram Jakhro VS State Ss. 498 & 497---Cancellation of bail---Principles for cancellation/recalling of bail---Bail may be cancelled (i) if t…
2024 MLD 1237 KARACHI-HIGH-COURT-SINDHZulfiqar Ahmed VS Muhammad Nadeem Purpose---at times, while lodging of criminal cases, wider net is cast to implicate an accused including o…
2024 MLD 862 KARACHI-HIGH-COURT-SINDHMuhammad Ali VS State Ss. 324 & 353--- Sindh arms act (V of 2013), S. 23 (1)(a)--- attempt to qatl-i-amd, police encounter and recovery of f…
2024 MLD 1394 Gilgit-Baltistan Chief CourtMoatabar Khan VS Zaheer Abbas S. 497(5)---Cancellation of bail---Grounds---Bail may be cancelled (i) if bail granting order is patently ille…

Back to the case-law library · Search Pakistani case law in Urdu or English