ALAM KHAN vs State Ss — 2022 PCrLJ 338 LAHORE-HIGH-COURT-LAHORE

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ALAM KHAN VS State Ss. 302(b), 392 & 34---Qatl-i-amd, robbery, common intention---Appreciation of evidence---Benefit of doubt---Recovery of weapon of offence on the instance of accused---Reliance---Scope---Accused were charged for murdering the uncle of complainant by firing while committing robbery---Record showed that one pistol .30 bore along with five live bullets were taken into possession on the pointation of accused from the graveyard which was concealed under acacia tree (Kikar) after digging the earth---Recovery of one pistol .30 bore along with five live bullets were recovered on the pointation of co-accused from metalled road---Other co-accused got recovered pistol 30 bore along with three live bullets from the reeds plant (Sirkanda) on the way from the western side of his house---According to the report of Forensic Science Agency, pistol allegedly recovered from co-accused was found to be in mechanical operating condition with safety features functioning properly---Pistol allegedly recovered from accused was examined and found to be in mechanical operating condition with safety features functioning properly---Pistol allegedly recovered from other co-accused were not functional---Pistol allegedly recovered from accused and cartridge had been fired from the same pistol---Crime empty was sent to the office of Forensic Science Agency and pistol was sent to the Forensic Science Agency on after about 15 days---Although report of Forensic Science Agency was positive qua pistol but it had not been explained by the prosecution that was why the crime empty was not sent to the Forensic Science Agency till the arrest of accused---Said fact made the report of Forensic Science Agency highly doubtful---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

ALAM KHAN vs State Ss — 2022 PCrLJ 338 LAHORE-HIGH-COURT-LAHORE

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