ABDUL GHAFFAR vs State Ss — 2023 PCrLJ 769 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PCrLJ 769 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PCRLJ
Parties: ABDUL GHAFFAR 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

ABDUL GHAFFAR VS State Ss. 302, 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Benefit of doubt---Weapon and crime empties sent for analysis together and after a delay of six days---Accused were charged for committing murder of the mother and sister of complainant by firing---Allegedly, the occurrence took place on 10.10.2019 and the accused was arrested on the next day---Alleged recovery was effected on 12.10.2019 after two days of the arrest of accused---Alleged three empties were taken into possession by the prosecution through a recovery memo on the day of occurrence, i.e. 10.10.2019---As per record, the recovered pistol and empties were received together by the Firearms Expert on 18.10.2019, with a delay of six days---Sending of crime weapon (9mm pistol) and bullet empties together with delay of six days to Firearms Expert created reasonable doubt in the prosecution case---Thus, the Firearms Expert report in that regard was inconsequential to the prosecution case---Circumstances established that the prosecution had failed to prove the culpability of the accused through reliable, trustworthy and confidence-inspiring evidence---Appeal against conviction was allowed, in circumstances.

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