GULZAR vs State Ss — 2023 MLD 1344 QUETTA-HIGH-COURT-BALOCHISTAN

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GULZAR VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Recovery of crime weapons on instance of accused persons---Reliance---Joint recovery---Not admissible---Accused were charged for making firing upon two brothers of the complainant, due to which they received injuries and later on one of them succumbed to the injuries---So far as the alleged recovery of shotgun and 7mm rifle at the instance of both the accused persons and positive report of Firearms Expert were concerned, the prosecution produced Head Constable in that regard---According to his version on 01.10.2019, the accused made disclosure in the presence of the Investigation Officer about the commission of the offence---On disclosure and pointation of the accused shotgun and 7mm rifle were recovered on their pointation from the bushes---Said witness stated during cross-examination that the accused produced shotgun and rifle---On the other hand, Investigating Officer stated in his statement that on 30.08.2020, the accused made a disclosure, and on their pointation 7mm rifle and a shotgun were recovered---Major contradictions in the statements of both the said witnesses were found in respect of the recovery of alleged crime weapons---Investigation Officer stated during cross-examination that both the accused were taken together for recovery of crime weapons---According to both the said witnesses the said recovery was jointly effected from both the accused persons therefore, such recovery was not admissible---Said shotgun and 7mm rifle were recovered from an open area, and it was not recovered from the residence of the accused persons---Said aspect of the matter also caused reasonable doubt in respect of the recovery of crime weapons---Even if the recovery of crime weapons was excluded from consideration being legally inconsequential, direct evidence in the form of ocular account furnished by the complainant and injured/eye-witness were confidence-inspiring, which was supported by the medical evidence---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---Appeal against conviction was dismissed, in circumstances.

GULZAR vs State Ss — 2023 MLD 1344 QUETTA-HIGH-COURT-BALOCHISTAN

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