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

Case information

Citation: 2023 MLD 1344 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: MLD
Parties: GULZAR 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

GULZAR VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Delay of one month and twenty six days in sending the crime weapons and crime empties for analysis---Effect---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---Occurrence allegedly took place on 01.10.2019---As per the record the crime empties of a 7mm rifle, shotgun and T.T pistol were recovered from the place of occurrence on the same date---Alleged recovery of crime weapons, i.e. shotgun and 7mm rifle were effected on 03.08.2020---As per the record the recovered shotgun and 7mm rifle and empties were received by the Firearms Expert together on 29.9.2020 with a delay of one month and twenty-six days---Sending of crime weapon (shotgun and 7mm rifle) and bullet empties recovered from the place of occurrence together with a delay of one month and twenty-six days to Firearms Expert created reasonable doubt in the prosecution case; therefore, the Firearms Expert report in that regard was inconsequential to the prosecution case---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.

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