NOOR AHMED alias AHMED AGHA vs State Ss — 2022 PCrLJ 1126 QUETTA-HIGH-COURT-BALOCHISTAN

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NOOR AHMED alias AHMED AGHA VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Recovery of weapon of offence on the pointation of accused and crime empties---Reliance---Scope---Accused was charged for committing murder of the brother of complainant---Another circumstantial piece of evidence relied upon by the Trial Court was the recovery of .30 bore pistol allegedly recovered from the place of occurrence on the pointation of the accused---Prosecution case was that during the course of the investigation, the accused disclosed about the occurrence and on his pointation .30 bore pistol along with two magazines and two live cartridges were recovered near the place of occurrence---Pistol recovered from near the place of occurrence, i.e., pond of rainy water on the pointation of accused was inconsequential---Facts remained that there was a positive ballistic report (which was not exhibited in the case) and the same was placed on the record by the Investigation Officer in the case of 13-E of Arms Ordinance, 1965 against the accused before the Trial Court---In the present case, it was obligatory upon the Investigating Officer to have had sent the two crime empties recovered from the crime scene as soon as possible/without any delay to the Forensic Science Laboratory without waiting for the recovery of the crime weapon---Record showed that the crime empties were secured from the crime scene on the day of the murder of the deceased but retained the same in its possession, whereas the crime weapon allegedly recovered on the next day, whereafter the empties and alleged crime weapon were sent together along with two empties to the Forensic Science Laboratory for ballistic analysis, which had diminished its evidentiary value because it gave rise to manipulation and padding---Investigating Officer sent the said parcels on 01.04.2019, whereof question arose that in between such period of time, commencing from 28.03.2019 up till 01.04.2019, where the said parcel of the empties and pistol were kept lying, creating suspicion into the recovery itself---Prosecution had failed to offer an explanation to such effect, therefore, the entire proceedings had become dubious---Neither the alleged recovered pistol nor empties and report of firearm expert were produced before the Trial Court---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances. Head NotesCase Description

NOOR AHMED alias AHMED AGHA vs State Ss — 2022 PCrLJ 1126 QUETTA-HIGH-COURT-BALOCHISTAN

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