MIRA BUKHSH vs State Ss — 2023 PCrLJ 233 QUETTA-HIGH-COURT-BALOCHISTAN

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MIRA BUKHSH VS State Ss. 302(b), 324, 337-D, 337-F(iii) & 34---Qanun-e-Shahadat (10 of 1984), Art. 40---Qatl-i-amd, attempt to commit qatl-i-amd, jaifah, ghayr-jaifah-mutalahimah, common intention---Appreciation of evidence---Weapon of offence was recovered on the disclosure of accused---Reliance---Scope---Accused were charged for committing murder of the assistant of brother of complainant and causing injuries to his brother---Case of prosecution had further been strengthened from the disclosure of accused, which was followed by the recovery of crime weapon on his pointation from his own home---Investigating Officer brought on record that during investigation the accused confessed his guilt by recording his disclosure and stated that they had enmity with injured witness, who had committed the murder of his brother---Accused along with his younger brother and relatives planned to commit the crime, thus, they all launched attack upon them---Accused also volunteered to recover the crime weapon from his house, thus the disclosure was prepared and the accused was taken in an official vehicle to his house, from where he got recovered the pistol used in the crime---Record showed that soon after the occurrence the police had also collected five empties from the place of occurrence and the recovered pistol along with the empties were sent to Forensic Science Laboratory for examination---After examination, Forensic Science Laboratory issued its report---Perusal of which established the fact that not only the pistol was in running condition, but also the recovered empties were fired from the said pistol---Disclosure of the accused was followed by the recovery of crime weapon and the empties were matched from the said pistol, thus legally the disclosure was admissible under the law, when more particularly, it got strength from the recovery of crime weapon as well as matching of empties---Disclosure of accused coupled with discovery of new facts and the recovery of crime weapon was admissible under Art. 40 of the Qanun-e-Shahadat, 1984---Circumstances established that the prosecution had successfully proved its case against the accused beyond any shadow of reasonable doubt---Appeal against conviction was dismissed accordingly.

MIRA BUKHSH vs State Ss — 2023 PCrLJ 233 QUETTA-HIGH-COURT-BALOCHISTAN

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