MUHAMMAD AZEEM vs State Ss — 2023 PCrLJ 1578 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PCrLJ 1578 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PCRLJ
Parties: MUHAMMAD AZEEM 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 AZEEM VS State Ss. 302(b), 324, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Delay of two months and twelve days in sending the crime empty shells and crime weapons for analysis---Effect---Accused were charged for making firing upon the complainant party, due to which, the brother and mother of the complainant died while complainant and his brother were grievously hurt---According to Forensic Science Laboratory Report, the parcels containing crime empty shells and crime weapons were received on 11th June, 2020 at Forensic Science Laboratory Office---Recoveries were allegedly effected on 30th March, 2020 which should have been instantly sent to the Forensic Science Laboratory by the Investigating Officer, however, report revealed that the same were sent to the Forensic Science Laboratory with an unexplained delay of two months and twelve days---Besides the above, the Investigating Officer sent the parcels of crime empties and crime weapons together to the Forensic Science Laboratory---Sending crime empties along with the crime weapons created doubt on the use of crime weapon at the scene of occurrence and recoveries at the instance of the accused persons---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of any doubt---Appeal against conviction was accordingly allowed.

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