THE STATE THROUGH ASSISTANT ADVOCATE-GENERAL, SINDH/EX-OFFICIO PUBLIC PROSECUTOR, SUKKUR versus KHALID AHMED
Appeal against the counsel who succeeded in recovering Section 417 West Pakistan Arms Ordinance (XXX 1965), Section 13 (E), showed that the pistol allegedly was found in the trees of the respondents / accused's history. Was recovered on the spot, the prosecution's witness did not endorse that fact. Who, after digging the ground about the recovery of the alleged pistol under the roots of palm trees, revealed to the consultant that the alleged pistol was recovered from an open plot in front of the accused. And the investigating officer, in his cross-examination, also admitted that the pistol was recovered from the roadway of the respondents' house when the police entered the house without knocking on the door. Were important. And the magistrate took proper notice of it during the examination of the evidence and there was no contradiction in the evidence being examined. Recovery of a crime weapon could not be construed as a fundamental contradiction, a minor or a minor contradiction, so that the state adviser could be ignored. It was argued that the defendant's acquittal would reflect the central murder case, which was adjourned before the trial, so there is no conviction that the evidence in the murder case will be independently recorded by the trial court. ? And the trial court can form an independent view of the recovery of criminal weapons based on the evidence on the record of this murder case. The trial court is probing the murder case, which was not obliged by the magistrate's observation in this case. Appeal for recovery of criminal weapons was dropped
Related judgments — Karachi High Court Sindh, 2010
