Citation Name: 2024 PCrLJ 2048 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Muhammad Waqas vs State S — 2024 PCrLJ 2048 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2024 PCrLJ 2048 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2024
Reporter: PCRLJ
Parties: Citation Name: 2024 PCrLJ 2048 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Muhammad Waqas vs State S
Subject matter: Criminal
Provisions referred to: S. 302

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

Citation Name: 2024 PCrLJ 2048 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Muhammad Waqas VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Recovery of crime empties and weapon of offence---Inconsequential---Accused was charged that he along with his wife committed murder of the son, daughter-in-law and grandson of complainant---According to recovery witness, on 17.08.2022, while visiting the crime scene, he secured a crime empty casing of .303 bore rifle through recovery memo---Said witness further testified that on 20.08.2022, accused made a disclosure and led the police contingent to the house of the deceased and got recovered a .303 bore rifle with a live cartridge from beneath the blankets, which was secured through the recovery memo---Undeniably, the crime scene was already visited and known to the police officials, therefore, pointation of the house of the deceased in consequence of a disclosure was worthless, which in no manner helped the prosecution case---Moreover, the said house had already been visited and site plan was prepared, but no crime weapon was recovered at that time, which fact made the recovery of rifle of 303 bore in consequence of a disclosure doubtful, whereof no other view could be asserted except that the recovery had been shown ulteriorly in order to strengthen the prosecution case---In view of the cloudy recovery, the worth and evidentiary value of positive Forensic Science Laboratory Report got diminished---Circumstances established that the prosecution failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

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