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MUHAMMAD RAMZAN vs KHIZAR HAYAT S — 2024 SCMR 1085 SUPREME-COURT

Case information

Citation
2024 SCMR 1085 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2024
Reporter
SCMR
Parties
MUHAMMAD RAMZAN vs KHIZAR HAYAT 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

MUHAMMAD RAMZAN VS KHIZAR HAYAT S. 302(b)---Qatl-i-amd---Re-appraisal of evidence---Petition for leave to appeal challenging acquittal of accused---Recovery of weapon (sota)---Not consequential in absence of a forensics report---An important aspect of the prosecution's case was the recovery of the weapon (the sota). Respondent (accused) was arrested on 30.12.2007, whereas the said weapon was recovered on 01.01.2008 from his residence 6 days after the occurrence of the crime---According to the Investigating Officer (IO), the weapon was lying under a cot, and it was not stained with blood---Admittedly, the prosecution had not placed anything on the record to show whether the said weapon was sent to the forensic science laboratory for examination---Hence, no significance could be attributed to the recovery of the sota as it was not established as the murder weapon---It was the responsibility of the IO to have presented the sota for forensics to establish that the blows inflicted on the deceased were from the recovered sota, or if any blood or other evidence could have been found on the said weapon, that may have strengthened the story of prosecution---Prosecution failed to prove the guilt of respondent beyond reasonable doubt---Petition was dismissed and leave was refused.

Other judgments reported in 2024 SCMR

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