Khadim Hussain vs State S — 2024 YLR 2247 FEDERAL-SHARIAT-COURT

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Khadim Hussain VS State S. 17(4)---Penal Code (XLV of 1860), Ss. 202 & 412---Harrabah, intentional omission to give information of offence by person bound to inform, dishonestly receiving property stolen in the commission of dacoity---Appreciation of evidence---Recovery of weapons of offence from the accused---Accused were charged for committing murder of the brother and nephew of the complainant during dacoity---Record reflected that the three accused were shown to be arrested on 12.08.2018 vide card of arrest by police party headed by SI/SHO, who had stated that .30-bore pistols along with live bullets were recovered from the three accused and he issued card of arrest of all the three accused---Strangely neither any memo. for the alleged recovery of the pistols from the three accused was shown to be prepared nor was it produced in evidence---Even the said weapons and live cartridges etc shown to have been recovered from the three accused were not sealed at the spot---No document i.e. receipt or entry of the Daily Diary showing the handing over of the said pistols and cartridges etc to Moharrir by SI was produced in evidence---Even name of that Moharrir to whom SI allegedly handed over the said pistols etc had not been disclosed by him in evidence---In cross-examination the said SI had admitted such discrepancies and infirmities---Although the alleged place of recovery was a thickly populated area situated near village population, but Investigating Officer purposely didnot disclose the alleged place of arrest of the three accused and he also purposely did not disclose the names etc of the team or Police Officials, who accompanied him to that place and no one amongst those Police Officials was either cited as witness or even examined by the prosecution---No independent private person was associated with the alleged recovery proceedings by Investigating Officer although he along with his staff went to the pointed place on basis of advanced information received by him at the police station---Undoubtedly, all the alleged three pistols and live cartridges etc remained unsealed and after their production by Moharrir of Police station the same were allegedly sealed on 14.08.2018 after two days of their alleged recovery---Above all, Moharrir of Police Station, who allegedly produced and handed over the said weapons and cartridges etc to the Investigating Officer, was neither cited as witness nor was examined by the prosecution although his examination was very essential so as to establish as to how he came into possession of the aforesaid three pistols and cartridges etc and also as to where the said three weapons and live cartridges etc were kept for two days in an unsealed condition---Prosecution had failed to establish the recovery of the alleged aforesaid three weapons and live cartridges etc from the three accused---Appeal against conviction was accordingly allowed.

Khadim Hussain vs State S — 2024 YLR 2247 FEDERAL-SHARIAT-COURT

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