SAQIB vs STATE S — 2026 YLR 397 PESHAWAR-HIGH-COURT

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SAQIB VS STATE S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Recovery of weapon of offence on the pointation of accused doubtful---Accused was charged for committing murder of the son of complainant by firing---Accused/appellant was arrested on 06.4.2019, i.e. the day of the occurrence---A .30 bore pistol was shown recovered from his baithak on his pointation---Inspector/SHO of Police Station arrested the appellant---As per statement of SHO, the appellant made pointation during what he called 'cursory interrogation'---Said SHO recovered the pistol vide a memo---In addition to one Constable, a private person was cited as a marginal witness to the recovery memo---Said private witness was examined and in his examination-in-chief, he deposed that the appellant had murdered his cousin and he was about to go to another district---In the meanwhile, the appellant in handcuffs was brought by the local police to the place of the occurrence---Local police asked him to accompany him to the baithak of the appellant---In his baithak, the appellant pointed out the place where he had concealed the .30 bore pistol---Said private witness stated that in respect of the said pointation, he signed a blank paper---Said witness deposed that in his presence, nothing was handed over by the SHO to the Investigating Officer---On the request of the prosecution, said witness was declared a hostile witness---Said witness was, then, subjected to cross-examination by the prosecution---Even while under the cross-examination, said witness reiterated that he had signed a blank paper---Said witness was confronted with the recovery memo. on which he admitted his signature as correct---Though, said witness declared incorrect a suggestion that he did not sign a blank paper, in the next breath, he voluntarily stated that he had signed a blank paper---Said witness also denied a suggestion that in his presence, the SHO gave to the Investigating Officer the alleged weapon of offence---In that respect, the deposition of the DSP Circle was also worth perusal as he in his examination-in-chief stated that on tentative interrogation the appellant pointed out the place where he had allegedly concealed the weapon of offence---When DSP took the appellant to his baithak, he further added, that a private person came there whom he cited as a marginal witness to the recovery memo---Thus, it was established that the prosecution failed to prove the recovery of weapon of offence---Appraisal of evidence led to the conclusion that the recovery of the weapon of offence was highly doubtful---In these circumstances, the recovery had become inconsequential---Appeal against conviction was allowed, in circumstances.

SAQIB vs STATE S — 2026 YLR 397 PESHAWAR-HIGH-COURT

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