ABDUL NASIR vs State Ss — 2023 YLR 107 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 YLR 107 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: YLR
Parties: ABDUL NASIR 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 NASIR VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Sentence, reduction in---Recovery of weapon of offence and crime empties---Scope---Accused were charged for committing murder of parents of complainant and also injuring him by firing---Record showed that Kalashnikov was recovered on the pointation of the accused on 13.02.2020 beneath the stones from the mountains---Said Kalashnikov was recovered from an open area, and it was not recovered from exclusive possession of the accused or from the residence of the accused---Kalashnikov which was allegedly recovered on pointation of the accused and the crime empties recovered from the place of occurrence were not sent to the Firearm Expert for comparison or to determine whether it was in working condition and whether the empties allegedly recovered from the place of occurrence had been fired from the allegedly recovered Kalashnikov---In the absence of any positive report of the Forensic Science Laboratory, the recovery of crime weapon was inconsequential---In such circumstances, while maintaining the convictions, death sentence was altered to imprisonment for life---Appeal was dismissed with said modification in sentence.

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