MUHAMMAD RIAZ vs State Ss — 2024 SCMR 1839 SUPREME-COURT

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MUHAMMAD RIAZ VS State Ss. 302(b), 324 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, unlawful assembly---Reappraisal of evidence---Joint recovery of alleged weapons of offence on pointation of accused persons---Inadmissible in evidence---Investigating Officer acknowledged during cross-examination that both recoveries (of alleged weapons of offence) were made from the same place and on the same date---Even otherwise, it was not the stance of the investigating officer that he conducted the recovery proceedings independently and separately for each appellant (accused)---Besides, the recovery memos were also silent about which appellant first led to the recovery or pointed out the place of recovery---As the police took both appellants together in the same vehicle for the recovery and recovered the weapons from the same place and at the same date and time, it was to be considered a joint recovery for all purposes, irrespective of the fact that the investigating officer prepared two separate recovery memos---Joint recovery was of no evidentiary value and is inadmissible in evidence---Furthermore, the record showed that the above-mentioned weapons, as per the report of the Provincial Forensic Science Laboratory, did not match the crime cartridges allegedly recovered from the scene of the occurrence, even though both weapons were found to be in mechanical operating condition with working safety features---As such, there coveries of the weapons of offence did not support and advance the case of the prosecution---Appeal was allowed, the impugned judgment passed by the High Court and that of the Trial Court were set aside, and consequently, both the appellants, were acquitted of the charge.

MUHAMMAD RIAZ vs State Ss — 2024 SCMR 1839 SUPREME-COURT

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