NOOR ZAMAN vs State S — 2021 YLR 1711 PESHAWAR-HIGH-COURT

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NOOR ZAMAN VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Recovery of blood-stained earth and crime empties---Scope---Prosecution case was that the accused made firing upon the complainant and her husband, due to which husband of complainant died while complainant was injured---Investigating Officer visited the spot and recovered blood-stained earth along with four empties of 30 bore pistol---Though, the recoveries were effected on 19.7.2014, but, same were received to the Forensic Sciences Laboratory on two different dates, the blood-stained earth along with garments of the deceased were received on 24.7.2014, whereas the empties on 06.8.2014---Investigating Officer could not explain as to why the empties were received much later than the garments and even he could not explain that where and in whose custody those empties were lying---Investigating Officer expressed his inability to confirm the same---Investigating Officer was duty bound to record the statement of the Moharrir of the concerned Police Station and to place on record a copy from Register No.19, but neither the Moharrir was examined to confirm the safe custody nor an abstract from the said register was collected and placed on the file---Investigating Officer did not take the pain to examine the person, who took those empties to the Forensic Sciences Laboratory---Forensic Science Laboratory Report in respect of the empties gained no ground and it could not be taken against the accused---Circumstances established that the prosecution had failed to prove its case against accused---Appeal against conviction was allowed, in circumstances.

NOOR ZAMAN vs State S — 2021 YLR 1711 PESHAWAR-HIGH-COURT

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