Recovery of car and weapon of offence from accused

Citation Name : 2019 YLR 2508 SUPREME-COURT-AZAD-KASHMIR
Side Appellant : SHAHZAD
Side Opponent : Rana QAMAR
Ss. 302(b), 324, 341, 337, 109, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, wrongful restraint, Shajjah, ABETMENT , rioting, rioting armed with weapons, unlawful assembly---Reappraisal of evidence---Recovery of car and weapon of offence from accused--- Reliance--- Scope--- In the present case, a car used in the occurrence was recovered on the pointation of co-accused---Report of chemical examination showed that the recovered daggers were found stained with blood, which indicated that the recovered weapons were used in the occurrence---Even otherwise, deceased had not mentioned any specific injury towards co-accused but had nominated him in the dying declaration---Weapon of offence was also recovered on the pointation of said co-accused---Record transpired that co-accused had put the deceased in a car and threw him outside of his house, therefore, the Shariat Court had rightly awarded the sentence to co-accused---In other co-accused persons were stated to be armed with daggers but during the investigation, only sticks were recovered from them---Deceased had not attributed a specific role to said co-accused persons in the dying declaration---Shariat Court had rightly set aside the conviction of the said co-accused persons on the ground of benefit of doubt.

Citation Name : 2019 YLR 456 SUPREME-COURT-AZAD-KASHMIR
Side Appellant : MUHAMMAD NASEEM
Side Opponent : STATE through Advocate-General Azad Jammu and Kashmir
Ss. 295-B & 109---Defiling copy of Holy Quran, ABETMENT ---Appreciation of evidence---Prosecution case was that the accused exchanged harsh words with his mother and was outraged; on that, he went inside the house and brought some books along with script of the Holy Quran, placed it in the open field in front of the house and set it ablaze---To prove the allegations, the prosecution had produced the direct evidence as well as corroboratory evidence---Record showed that star witness of the occurrence was mother of accused, who was declared hostile---Statement of said witness showed that she had not resiled from initial part of her statement recorded under S. 161, Cr.P.C. and had categorically affirmed that the accused brought a copy of the Holy Quran along with other books in the field and thereafter, she did not find the copy of Holy Quran in the room---Said part of the statement of the said witness found support from the statement of the accused recorded under S. 342, Cr.P.C.---Accused, during the course of trial filed application to the effect that he confessed the offence and intended to get recorded his statement again---Stance taken by the accused in the gist of the application strengthened the version of the prosecution that the accused committed the offence of defiling of the copy of the Holy Quran-Complainant of the case had stated that he found the burnt papers of the Holy Quran from the spot---Said witness further deposed that the accused confessed before the police that he had committed the offence---Although, the complainant was not eye-witness of the occurrence, however, the offence of defiling a copy of Holy Quran stood proved from the statements of said witnesses---Burnt pages of the Holy Quran had been recovered from the spot and the recovery memo was prepared and the contents of the recovery memo were verified by prosecution witnesses---One of the prosecution witnesses had deposed that on the day of occurrence, on hearing hue and cry, he went to the place of occurrence along with the witnesses and saw that the accused was burning the copy of Holy Quran---Said witness and his companions forbade the accused not to do that but he resisted and scuffled with them and the co-accused brought a pistol from the house and warned them otherwise he would fire upon them with pistol---Act of scuffling and fetching the pistol from the house by the co-accused had not been denied by the defence---Record transpired that accused moved application with his statement, wherein he admitted his guilt, however, it was stated by him that the desecration of the Holy Quran had not been committed by him intentionally---Accused had shown his repentance to Allah Almighty and administered repentance openly---Admittedly, physical respect and honour to the Holy Quran was a legal, religious and moral duty of a Muslim---Defiling and desecration of the copy of Holy Quran was a penal offence under the statutory law of the State, which had been proved by the prosecution---Trial Court had rightly passed the order of conviction for the offence under S. 295-B, P.P.C. by awarding the punishment of life imprisonment to the accused which was affirmed by the High Court---Trial Court had declared the accused as apostasy, but as per record, the declaration of repentance made by the accused while appearing before the court by articulating Kalima Tayyaba justified to recall the said findings---On showing/declaring repentance and reciting Kalima Tayyaba by the accused, it was evident that the accused had re-embraced Islam, the matter was left as being the matter between Allah Almighty and the accused---Findings recorded by the courts regarding apostasy of accused merit recalled in circumstances---Circumstances established that prosecution had succeeded to prove that the accused had defiled the Holy Quran by burning the copy into ashes---Appeal filed by the accused was dismissed but the findings/observations recorded by the courts regarding apostasy of the accused stood recalled.