2023 PCrLJ 896
Recovery of weapon of offence doubtful---Scope---Accused was charged that he along with an unknown accused committed murder of the wife of the complainant by firing---Record showed recovery of .30 bore at the instance of accused but the place of recovery of said pistol at the instance of the accused made the said recovery highly doubtful---According to Head Constable, the place of recovery was surrounded by 25/30 houses---House of alleged recovery was owned by one Mr. "G"---Head Constable stated that no one from the family of said Mr. "G"appeared before them at the time of alleged recovery---Alleged recovery was effected from the room of co-accused since acquitted---Parties were closely related to each other and mother of deceased had admitted during her cross-examination that accused was his nephew, therefore alleged recovery of pistol from the house of one Mr. "G" who was admittedly related to both the parties was not worthy of reliance---Thus, it was not safe to rely on such a weak piece of prosecution evidence, which even otherwise was merely corroborative of direct evidence and was not the evidence of charge, hence, did not offer any help to the prosecution case in the absence of any trustworthy and confidence inspiring eye-witnesses account---Circumstances established that the prosecution could not prove its case against the accused beyond any shadow of doubt
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