OBAIDULLAH vs State Ss — 2025 SCMR 1558 SUPREME-COURT

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OBAIDULLAH VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Re-appraisal of evidence---Benefit of doubt---Recovery of weapon of offence---Accused was charged for committing murder of the nephew of complainant---Accused was convicted by Trial Court for qatl-i-amd and was sentenced to imprisonment for life---High Court maintained conviction and sentence awarded to accused---Validity---Record showed that a pistol was recovered---However, said pistol was neither recovered from the possession of petitioners, rather the same was recovered from the possession of one "KR"---Said "KR" had not been cited as a witness in this case to establish that the said pistol was ever handed over to him by the petitioners rather he had himself been made an accused in a separate case registered against him under the Arms Ordinance due to the recovery of said pistol from his possession---Insofar as the positive report of the Forensic Science Laboratory was concerned, it was noteworthy that no empty was recovered from the spot on 22.06.2018 when the dead body was recovered but the same were recovered after the arrest of the petitioners on 29.06.2018 from the same place wherefrom the dead body was recovered on 22.06.2018---Not understandable that if the empties were lying at the same spot wherefrom the dead body was recovered then as to why the prosecution witnesses had not noticed the said empties and recovered the same from the spot on 22.06.2018, when the dead body was recovered---Therefore, evident that the empties were not shown to be recovered and the same were not deposited in the office of Forensic Science Laboratory till the arrest of the petitioners and alleged recovery of pistol from the possession of "KR" on 29.06.2018---Thus, it was clear that the empties and the pistol were kept together at the Police Station and were deposited together in the office of Forensic Science Laboratory, therefore, the prosecution evidence qua the recovery of pistol and positive report of Forensic Science Laboratory was not worthy of reliance---Circumstances established that the prosecution had failed to prove its case against the petitioners beyond the shadow of doubt---Appeals were allowed accordingly.

OBAIDULLAH vs State Ss — 2025 SCMR 1558 SUPREME-COURT

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