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MUHAMMAD AHMAD alias BAGGI vs State Ss — 2022 YLRN 19 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 YLRN 19 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Parties
MUHAMMAD AHMAD alias BAGGI 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 AHMAD alias BAGGI VS State Ss. 302(b), 109, 148 & 149---Qatl-i-amd, abetment, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Delay in sending the weapon and crime empties for analysis---Effect---Accused were charged for committing murder of the brother-in-law of the complainant---Perusal of the report of Forensic Science Agency revealed that the pistol recovered from the possession of the accused was deposited in the office of the Forensic Science Agency by Police Official, whereas the four empties recovered from the place of occurrence were deposited in the office of the Forensic Science Agency---Head Constable stated that Investigating Officer handed over to him a sealed parcel said to contain a pistol which he, on the same day, handed over the parcel back to Investigating Officer for its onward transmission to the office of Forensic Science Agency---According to Investigating Officer the accused led to the recovery of the pistol it was proved that Investigating Officer kept the recovered pistol in his own custody for as many as thirteen days and handed over the same to Head Constable---Said conduct of the Investigating Officer of the case opened up the possibility of fabrication on his part---Thus, the recovery of the pistol from the accused did not further the case of the prosecution in any manner and the same could not be used as a circumstance against the accused---Even otherwise the ocular account in the case had been disbelieved, hence the evidence of recovery would have no consequence---Circumstances established that the prosecution had failed to prove its case against the accused beyond any reasonable doubt---Appeal against conviction was allowed, in circumstances.

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