AMAN ULLAH SHAH vs State Ss — 2023 YLR 1865 LAHORE-HIGH-COURT-LAHORE

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AMAN ULLAH SHAH VS State Ss. 302, 324, 337-U, 337-a(i), 337-a(ii), 337-F(i), 337-F(v), 337-L(2), 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, itlaf of teeth, shajjah-i- khafifah, shajjah-i-mudihah, damiyah, ghayr - jaifah - hashimah, causing hurt, rioting armed with deadly weapon, unlawful assembly---appreciation of evidence---Weapon of offence recovered on the pointation of accused--- Reliance--- accused were charged that they along with their co-accused assaulted the complainant party, due to which one person died whereas seven sustained injuries---Record showed that the accused was arrested in the case and led to the recovery of crime weapon from his house jointly occupied by the family members---at the time of recovery, the weapon was lying open and so was the iron box from where the weapon was recovered/taken into possession---Recovery of weapon was witnessed by Head Constable---Objection was raised by the accused at the time of his cross-examination that he was unable to cross-examine the said witness as he was not delivered the copy of his statement recorded under S. 161, Cr.P.C., but such important and legal aspect was not seriously attended to by the trial Court---Recovered gun was dispatched to Forensic Science agency through Police Constable/witness on 03.11.2008 and he deposited the same in the Forensic Science Laboratory on the same day but the said parcel was received in the Office of Forensic Science Laboratory on 04.11.2008, thus, safe transmission of the recovered gun was not proved---Thus, recovery of weapon was inconsequential---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond any shadow of doubt---appeal against conviction was allowed, in circumstances.

AMAN ULLAH SHAH vs State Ss — 2023 YLR 1865 LAHORE-HIGH-COURT-LAHORE

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