Citation Name: 2024 PCrLJ 1473 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Niaz vs State Ss

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Citation Name: 2024 PCrLJ 1473 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Niaz VS State Ss. 302(b), 324, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Recovery of weapons of offence on the instance of accused persons---Inconsequential---Accused were charged that they assaulted the complainant party, due to which nephew of the complainant died whereas other sustained injuries---Accused party also recorded cross version against the complainant party---Record showed that TT Pistol and knife were recovered on the pointation of two accused persons, which were taken into possession through recovery memos in consequence of disclosure---Said evidence could not be considered as a corroborative piece of evidence because the empties and subsequently recovered pistol from the heap of garbage lying behind the musafir khana were sent together, thus the Forensic Science Laboratory Report of pistol and empties having been sent together lost its evidentiary value---Recoveries seemed unacceptable and did not appeal to mind that how come the pistol and knife recovered from two accused persons respectively, would remain on heap of garbage from the fateful day i.e. 21.05.2021 till their recovery on 05.06.2021---In so far as the recovery of knife from another accused was concerned, it was also unworthy of reliance because the mode and manner in which the recovery of knife was made by accusedwas improbable as well, which did not appeal to a prudent mind that he would wait on the crime scene for the police to arrive and allow them to get recover the blood stained knife red-handedly, despite there being ample opportunity to throw the crime weapon---Henceforth the recovery of knife being dubious was to be discarded---Appeals against conviction were allowed accordingly.

Citation Name: 2024 PCrLJ 1473 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Niaz vs State Ss — 2024 PCrLJ 1473 QUETTA-HIGH-COURT-BALOCHISTAN

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