SAHIB SHAH vs State Ss — 2024 PCrLJ 396 PESHAWAR-HIGH-COURT

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SAHIB SHAH VS State Ss. 324, 353, 427 & 34--- anti-Terrorism act (XXVII of 1997), S. 7---Khyber Pakhtunkhwa arms act (XXIII of 2013), S. 15---attempt to commit qalt-i-amd, assault or criminal force to deter public servant from discharge of his duty, mischief causing damage to the amount of fifty rupees, common intention, possession of unlicensed weapon, act of terrorism---appreciation of evidence---Benefit of doubt---Recovery of crime empties from the spot and weapon of offence from accused---accused was charged that he along with his co-accused made firing upon the police party, due to which complainant sustained firearm injury---During the spot inspection, the Investigating Officer recovered two empties of .30 bore and 41 empties of 7.62 bore, which were sent to the Forensic Science Laboratory for ascertaining as to whether those were fired from one weapon or more than one weapon---as per Forensic Science Laboratory Report the two .30 bore empties were reported to have been fired from one and the same .30 bore weapon while the empties of 7.62 bore were fired from different 7.62 mm bore weapons---Complainant in his initial report i.e. murasila had mentioned that the accused were armed with "aslaha atasheen" and had not mentioned the caliber of weapons which the accused were possessing---Complainant sustained a single firearm injury on his shoulder, for which no specific role was attributed to any of the accused---after arrest of accused in the instant case, on his pointation the Investigating Officer recovered the Kalashnikov with fixed charger containing 08 live rounds---Mere recovery of Kalashnikov was of no good for prosecution---appeal was allowed and accused was acquitted of the charge.

SAHIB SHAH vs State Ss — 2024 PCrLJ 396 PESHAWAR-HIGH-COURT

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