Citation Name: 2025 YLR 1321 KARACHI-HIGH-COURT-SINDHBookmark this Case Syed Jehanzaib vs State Ss

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Citation Name: 2025 YLR 1321 KARACHI-HIGH-COURT-SINDHBookmark this Case Syed Jehanzaib VS State Ss. 302(b), 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Recovery of weapons of offence and stolen property--- Inconsequential---Accused were charged for committing murder of the brother of complainant and his wife---During interrogation, both accused admitted before police that on 23.11.2014, they committed murders of deceased persons by means of firearm and knife---On admission of accused, he led police party and produced pistol on 12.03.2015 in presence of mashirs from railway crossing---Same accused again produced ornaments of gold and laptop taken from the house of deceased on 16.03.2015 from a graveyard in presence of mashirs---Record transpired that the articles were produced by the accused from a railway crossing and from graveyard, which were open spaces, accessible to all---In order to prove the case within the ambit of Art. 40 of Qanun-e-Shahadat, 1984, the prosecution was bound to prove that a person accused of any offence, in custody of Police Officer, had conveyed an information or made a statement to the police, leading to discovery of new fact concerning the offence, which was not in the prior knowledge of the police---Such information or statement should be in writing and in presence of witnesses---In the present case, entry/statement was not recorded before leaving police station---Prosecution had failed to establish recoveries on the pointation of accused---Therefore, recoveries of pistol/articles belonging to the deceased persons on the pointation of accused without such entries in the record, in the circumstance of the case, were unreliable---Moreover, there were material contradictions in the evidence of Investigating Officer and mashir on the point of recovery of pistol on the pointation of accused---Moreover, there was also overwriting in date of preparation of mashirnama of recovery of pistol---After recovery of pistol it was not deposited in Malkhana of police station---Prosecution had failed to prove safe custody and safe transmission of pistol to Ballistic Expert before the Trial Court---Case of prosecution was that accused produced laptop belonging to the deceased persons but said laptop was not sent to the expert for opinion---Article 164 of Qanun-e-Shahdadat, 1984 specifically permits the use of any evidence that might have become available because of modern devices or techniques and Art. 165 overrides all other laws---So the recovery was inconsequential---Appeal against conviction was allowed, in circumstances.

Citation Name: 2025 YLR 1321 KARACHI-HIGH-COURT-SINDHBookmark this Case Syed Jehanzaib vs State Ss — 2025 YLR 1321 KARACHI-HIGH-COURT-SINDH

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