Syed Amjad Hussain vs State Ss — 2024 MLD 940 PESHAWAR-HIGH-COURT

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Syed Amjad Hussain VS State Ss. 302(b), 311, 109 & 34---Qatl-i-amd, tazir after waiver or compounding of right of qisas in qatl-i-amd, abetment, common intention---Appreciation of evidence---Benefit of doubt---Recovery of blood stained earth, weapon of offence and empties---Accused were charged for committing murder of two persons, one male and one female, by firing---Record showed that blood stained earth and one firearm 30-bore pistol were recovered from the house of the accused where murder of female was allegedly committed, and blood stained earth and 5 empties of 7.62 bore were recovered from the place of male deceased---Suffice to say that the role of firing as per prosecution story was attributed only to one accused---Rest of the convicts were charged for instigating their brother for committing murder of both the deceased---However, the crime empties allegedly recovered from both the places of occurrence reflected that two different type of weapons were used in the alleged crime---It was illogical that the accused could use two different weapons for committing murder of the two deceased, as he could have easily committed murder of both the deceased either from 7.62 bore rifle or from 30 bore pistol---Use of two different weapons was not appealable to a prudent mind---Moreso, the Investigating Officer could not procure the Forensic Science Laboratory Report showing the matching report of the blood of the deceased with the blood recovered from the two spots---In the absence of such report, mere recovery of human blood from the alleged crime scene did not prove that such blood was of the deceased---Even otherwise, recovery of blood and firearm empties from the spot did not in any manner connect the accused with the crime---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal was accordingly allowed.

Syed Amjad Hussain vs State Ss — 2024 MLD 940 PESHAWAR-HIGH-COURT

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