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Irfan Ullah vs State Ss — 2024 PCrLJ 1642 PESHAWAR-HIGH-COURT

Case information

Citation
2024 PCrLJ 1642 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
PCRLJ
Parties
Irfan Ullah vs State Ss
Subject matter
Criminal

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

Irfan Ullah VS State Ss. 302(b), 109, 201 & 34---Qatl-i-amd, abetment, causing disappearance of evidence of offence, or giving false information to screen offender, common intention---Appreciation of evidence---Recovery of weapon of offence on the instance of accused doubtful---Accused were charged for committing murder of the brother of complainant by firing---Record showed that pistol, allegedly used in the commission of offence, was recovered by Circle Officer---As per prosecution version, although accused "S" was given specific role of firing with pistol at the deceased, however, pistol was allegedly recovered from residential room of co-accused "I"---Circle Officer in his cross-examination admitted that the alleged house was abandoned house and doors were opened at that time---Neither Circle Officer was aware of number of rooms nor he was in a position to tell that from which room the alleged recovery was effected---In the present case, the alleged recovery had not been effected on pointation of accused "S", who had been charged for firing with pistol at the deceased and that too, in the darkness of night---Such type of recovery and thereafter positive report of Forensic Science Laboratory became inconsequential, which could not be relied upon for sustaining conviction on a capital charge---Even otherwise, such piece of evidence (recovery) was a corroborative one and in cases where direct evidence failed, corroborative piece of evidence was of no avail, as in the instant case where direct evidence of witnesses had already been disbelieved---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2024 PCRLJ

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