MUHAMMAD IDREES vs State Ss — 2023 MLD 1972 QUETTA-HIGH-COURT-BALOCHISTAN

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MUHAMMAD IDREES VS State Ss. 302(b), 394, 397 & 34---Qatl-i-amd, person voluntarily causing hurt in committing or attempting to commit robbery, robbery or dacoity with attempt to cause death or grievous hurt, common intention---Appreciation of evidence---Benefit of doubt---Delay of twenty four days in sending the weapon and crime empties for analysis---Safe custody of crime weapon not established---Accused was charged that he along with his co-accused snatched amount from the complainant, and on resistance, accused made firing upon complainant due to which he sustained injuries---Meanwhile a property dealer came there, and accused made firing upon him, due to which he was hit and died---Occurrence took place on 08.12.2019, and the accused was arrested on 29.12.2019, and on the same date, the alleged recovery was effected from the accused---Two bullet empties were taken into possession by the prosecution through a recovery memo on the day of occurrence, i.e. 08.12.2019---As per Forensic Science Agency Report two bullet empties were received on 02.01.2020, and one 9mm caliber pistol, was received on 22.01.2020---Empties recovered from the place of occurrence were sent to Forensic Science Agency after a delay of four days after recovery of crime weapon---Alleged recovery of the crime weapon from the accused was affected on 29.12.2019, but the same was sent to Forensic Science Laboratory on 22.01.2020 after a delay of twenty-four days---Delay so caused in sending the allegedly recovered crime weapon for chemical analysis was unexplained, and also, there was no explanation in respect of safe custody of the crime weapon within the custody of Investigation Authorities---Moreover, sending the empties after the recovery of the alleged crime weapon created serious doubt as to why the crime empties were retained by the Investigation Officer till the recovery of the pistol---Possibility of manipulation could not be ruled out---Thus, the Firearms Expert report in that regard was inconsequential to the prosecution case---Appeal against conviction was allowed, in circumstances.

MUHAMMAD IDREES vs State Ss — 2023 MLD 1972 QUETTA-HIGH-COURT-BALOCHISTAN

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