KHALID MEHMOOD vs State S — 2022 YLR 522 FEDERAL-SHARIAT-COURT

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KHALID MEHMOOD VS State S. 302(b)---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(4)---Qatl-i-amd, haraabah---appreciation of evidence---Recovery of weapon of offence from the possession of accused---Reliance---Scope---accused was charged for committing murder of the deceased/ complainant while snatching money---Pistol being crime weapon of the murder of the deceased was recovered from a room being in possession of the accused---arrest of the accused on the said date and the recovery made at the same moment from the room of the accused was diverse to the testimony of alleged eye-witnesses that the culprit, who committed murder was apprehended at the spot by the deceased himself, which was handed over to Police Official in the hospital and that the police praised the deceased for doing so bravely---Since the recovery of pistols had not been effected in consequence of disclosure and the police had raided the room on prior information, therefore, it was incumbent upon Police Officials to have had associated compulsorily private witnesses from the locality to become marginal witness of recovery, which offended provisions of S.103, Cr.P.C.---Prosecution had also procured the Forensic Science Laboratory Report to establish that an empty recovered from the crime scene had been fired by the pistol recovered from accused from his room beneath the pillow---One of the fascinating statements which had come on record was that Investigating Officer testified that, while inspection of the crime scene, he secured an empty, giving fresh smell of its discharge, which was taken into possession through recovery memo---Occurrence having taken place at about 07:00 p.m., then how come would it be possible, till next day, the empty giving fresh smell of its discharge---Record reflected that the recovery of pistols were made and sent on the same day to Forensic Science Laboratory, but the same were received after four days; whereof no explanation had been offered to justify late receipt of the aforesaid weapons, which made the Forensic Science Laboratory Report unworthy of reliance---Recovery having been considered to be highly doubtful and thus discarded as such the Forensic Science Laboratory Report could not be considered as helpful to the case of prosecution for being redundant---Circumstances established that the prosecution had failed to bring home the charge against the accused---appeal against conviction was allowed, in circumstances.

KHALID MEHMOOD vs State S — 2022 YLR 522 FEDERAL-SHARIAT-COURT

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