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; S. 161

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---Defective investigation---Accused was charged for committing murder of the brother of the complainant by firing---Investigating Officer stated that Constable, who brought the post-mortem documents and garments of the deceased was not examined under S. 161, Cr.P.C---Said witness admitted that name of said Constable was not mentioned in the calendar of witnesses---Admittedly, Investigating Officer had not recorded the statement of any Police Official who took the crime articles including the alleged recoveries to the Forensic Science Laboratory---Admittedly, Investigating Officer had not verified the status of ownership of any shop where bulb was installed---Investigating Officer did not remember that who took the empties and pistol to the Forensic Science Laboratory---Admittedly, pistol was recovered on 31.08.2017, whereas it was received in the Forensic Science Laboratory on 14.09.2017, however, Investigating Officer had not annexed any documents on file regarding safe custody of the said articles---Investigating Officer admitted that he did not annex the daily diary regarding his departure and arrival to the police station---In view of such discrepancies, such statement could not be made the basis to sustain conviction on a capital charge---Circumstances established that the prosecution had failed to prove its case beyond shadow of doubt---Appeal against conviction was accordingly allowed.

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