Syed Nabi Shah vs State Ss — 2025 YLR 1752 PESHAWAR-HIGH-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Syed Nabi Shah VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Defective investigation---DNA test not conducted---Accused were charged for committing murder of the deceased by firing and also causing firearm injuries to the complainant---Statement of the eye-witness was shown recorded under S.161, Cr.P.C where she narrated the incident in a different manner by disclosing that the accused tried to kidnap/take away the deceased but the deceased was not willing, so the deceased grappled with the accused and the accused fired at the deceased---If such statement was taken into consideration, then the Court was to see that why the human hair found in possession of the deceased, collected by the Medical Officer, handed over to the Investigating Officer, was not sent for DNA, knowing the fact that it was the best evidence, in possession of the prosecution for establishing the identity of the accused---Reluctance on the part of the Investigating Officer to transmit the same to the laboratory for DNA was a factor which the Court could not ignore and the Investigating Officer did not send the same apprehending that the same would exclude the involvement of the appellant and that his miseries, to investigate further, would increase---As admittedly, human hair was found in possession of the deceased, the same was collected by the Medical Officer and received by the Investigating Officer, so under all circumstances, it was essential for the Investigation Officer to have asked for conducting of DNA, but knowing the fact that the same would lead to the actual culprit, the evidence was disrespected and dishonored---Appeal against conviction was allowed, in circumstances.

Syed Nabi Shah vs State Ss — 2025 YLR 1752 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2025 YLR