HAYATULLAH vs State Ss — 2024 PCrLJ 202 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 PCrLJ 202 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: PCRLJ
Parties: HAYATULLAH 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

HAYATULLAH VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Recovery of crime empties from the spot---Inconsequential---Accused was charged that he along with his co-accused committed murder of the brother of complainant by firing---Record showed that crime empties were allegedly effected from the spot on the following day of occurrence, however, there was nothing on record that after the occurrence till the time of spot inspection, the spot was secured by the Investigating Officer, despite the fact that as per statement of Investigating Officer he visited the spot on the day of occurrence---In that view of the matter, presence of the alleged empties without being disturbed over night also created serious doubts about its recovery---Moreso, same being corroborative piece of evidence could not outweigh the ocular account---Needless to mention that the crime empties were allegedly sent to the Forensic Science Laboratory, however, report in that regard was not available on file---Even the Moharrir concerned was not examined before the Trial Court to testify about sending of crime empties to the Forensic Science Laboratory for expert opinion---Moreso, no recovery was effected from the accused---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of any doubt---Appeal against conviction was accordingly allowed.

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