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MUHAMMAD HASSAN alias AAMIR vs State Ss — 2022 YLR 805 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 YLR 805 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
YLR
Parties
MUHAMMAD HASSAN alias AAMIR vs State Ss
Subject matter
Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD HASSAN alias AAMIR VS State Ss. 302(b), 324, 109, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Recovery of weapon of offence and crime empties---Reliance---Scope---Accused were charged for committing murder of the father-in-law, mother-in-law and wife of the complainant by firing---Prosecution revealed that firing was made by the accused persons and investigation showed that from the place of occurrence, 35 crime empties of pistol 9 mm were recovered which were sent to Forensic Science Laboratory through Police Official/court witness which parcel was deposited the next day---Pistol was recovered after about two months on the lead of accused from his house---Prosecution produced a witness who proved the time, place and nature of recovery---Defence despite cross-examination could not bring on record anything favourable to the accused---Report of Forensic Science Laboratory showed that test empties sent for testing were not fired from the weapon recovered---Rather from the bare examination of cartridges they were found different from one those fired from 9 mm pistol---Such fact showed that empties were totally replaced in the process, otherwise, first report could not have been declared as positive---Second examination of pistol and empties took place after four years of recovery---Chance of damage could not also be ruled out---Such circumstance was of no help for the defence and it could not be considered that pistol recovered on the disclosure/lead of accused was not matched with the crime empties collected from the spot---Circumstances established that the prosecution had successfully proved the case against the present accused on the touchstone of standard required in a criminal case---Appeal against conviction being devoid of merit was dismissed.

Other judgments reported in 2022 YLR

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