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Khayal Bacha vs Ijaz Hussain Ss — 2024 YLR 2147 FEDERAL-SHARIAT-COURT

Case information

Citation
2024 YLR 2147 FEDERAL-SHARIAT-COURT
Court
Federal Shariat Court
Year
2024
Reporter
YLR
Parties
Khayal Bacha vs Ijaz Hussain Ss
Subject matter
Criminal
Provisions referred to
S. 17; S. 15---Q

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

Khayal Bacha VS Ijaz Hussain Ss. 302(b), 427, 468 & 471---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(4)---Khyber Pakhtunkhwa arms act (XXIII of 2013), S. 15---Qatl-amd, mischief and thereby causing loss or damage to the amount of fifty rupees or upwards, forgery, using as genuine a forged document, haraabah, possession of illegal weapon---appreciation of evidence---Recovery of incriminating material in absence of accused---accused was charged for committing murder of the brother of a witness during haraabah---Investigating Officer deposed that he recovered a vehicle, one empty of pistol, one magazine of pistol, blood stained swab of deceased, broken pieces of window-glass of vehicle, number plate, photostat documents and four empties of pistol---Recovery was statedly effected on 16.02.2023 and production of said evidence was an unsuccessful attempt to provide corroboration---Statedly, recovery of vehicle was effected on 16.02.2023 by the Motorway Officials in the absence of accused---Said vehicle was handed over to Investigating Officer in presence of two Officials through memo. but the said Officials were not produced---Said concealment of evidence was damaging to the prosecution case, which created doubt and the same would go in favour of the accused, as such, the recovery in the absence of accused could not provide corroboration---appeal against conviction was allowed, in circumstance.

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