Citation Name: 2024 MLD 2001 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Muhammad Ilyas vs State S

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Citation Name: 2024 MLD 2001 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Muhammad Ilyas VS State S. 302(b)---Qanun-e-Shahadat (10 of 1984), Arts. 37, 39 & 40---Qatl-i-amd---Appreciation of evidence---Crime weapon recovered on the disclosure of accused and crime empties recovered from the spot---Reliance---Accused was charged for committing murder of the brother of complainant by firing---Record showed that crime weapon was recovered on the day of arrest of accused, in pursuance of his disclosure---Such recovery was made in the presence of recovery witness and the same was taken into possession through recovery memo.---So far as the alleged disclosure of the accusedwas concerned, it might be stated that as provided by Arts. 37 & 39 of the Qanun-e-Shahadat, 1984, a confession made by an accused person in police custody was not admissible---However, if something related to the case was recovered or any fact was discovered in consequence of information conveyed by the accused person, then the information so received would be admissible in evidence within the purview of Art.40 of the Qanun-e-Shahadat, 1984, because the presumption would be towards its truthfulness, but if nothing in consequence of the disclosure was recovered or discovered, then the information so received by itself would not be admissible---Two empties of T.T pistol were recovered from the place of occurrence by the Investigating Officer and the crime weapon recovered on the pointation of the accused were sent for a report of the Ballistic Expert and the Ballistic Expert report had been produced, which showed that the recovered empties were fired from the pistol recovered on pointation of the accused in pursuance of his disclosure---Circumstances established that the prosecution had proved its case against the accused beyond shadow of doubt---Appeal against conviction was dismissed, in circumstances.

Citation Name: 2024 MLD 2001 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Muhammad Ilyas vs State S — 2024 MLD 2001 QUETTA-HIGH-COURT-BALOCHISTAN

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