NOOR UL HAQ vs State Ss — 2022 YLR 537 PESHAWAR-HIGH-COURT

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NOOR UL HAQ VS State Ss. 302(b), 311, 322 & 496-a---Khyber Pakhtunkhwa arms act (XXIII of 2013), S. 15---Qatl-i-amd, tazir after waiver or compounding of right of qisas in qatl-i-amd, qatl-bis-sabab, enticing or taking away or detaining with criminal intent a woman, possession of unlicensed arms---appreciation of evidence---Recovery of weapon of offence on the pointation of accused and crime empty from the spot---Reliance--- Scope--- accused was charged for committing murder of his wife/daughter of the complainant as the co-accused enticed away her---Record showed that an empty of 30 bore pistol had been recovered from the spot on 23.04.2017---30-bore pistol was shown recovered on pointation of accused on 27.05.2017---Both, the empty and pistol, had been sent to Forensic Science Laboratory on 01.06.2017---Report received therefrom and produced in evidence---No doubt that the empty had been fired from the pistol sent to Forensic Science Laboratory, but such a report could not be relied upon as the empty had not earlier been sent to Forensic Science Laboratory and had been kept by the Investigating Officer in wait of recovery of the 30 bore pistol, whereafter both the empty and pistol had been sent to Forensic Science Laboratory together at much belated stage---Recovery of the pistol and its matching report with 30 bore empty shell could not, therefore, be relied upon safely---Circumstances established that the prosecution had not been able to prove case against accused beyond reasonable doubt---appeal against conviction was allowed, in circumstances. Head NotesCase Description

NOOR UL HAQ vs State Ss — 2022 YLR 537 PESHAWAR-HIGH-COURT

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