SHAH HUSSAIN vs State Ss — 2024 PCrLJ 455 PESHAWAR-HIGH-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

SHAH HUSSAIN VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Delay of one year and eight months in sending the weapon and crime empties for analysis---Effect---Accused was charged that he along with his co-accused committed murder of the brother of the complainant by firing---Record showed that the Investigation Officer, during spot inspection recovered and took into possession 06 empties of 7.62 bore from near the place of accused which were sent to the Forensic Science Laboratory and the report whereof was that the same were fired from one and the same 7.62 MM bore---Occurrence had taken place on 16.11.2017 and the Investigation Officer recovered 06 empties from the spot on the same day and the same were again sent to Forensic Science Laboratory on 02.07.2019 along with the Kalashnikovs recovered from the two accused persons with a delay of about one year and eight months and report whereof was that the same were fired from 7.62 bore SMG rifle which was recovered from accused---Report of the Forensic Science Laboratory could not be given any weight for the reason that the empties were sent to the Forensic Science Laboratory and then again were sent to the Forensic Science Laboratory till the crime weapons were recovered and then Kalashnikovs and empties both were lying in the police station and, later on, were sent together and that too, after the delay of about one year and eight months of the occurrence---No explanation was offered as to where the same were lying during this period---Thus, no reliance could be placed on the Forensic Science Laboratory Report as the possibility of substitution of the empties could not be ruled out---Delay of one year and eight months in sending the empties and weapon of offence to Forensic Science Laboratory definitely destroyed the evidentiary value of the recoveries---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of any doubt---Appeal against conviction was accordingly allowed.

SHAH HUSSAIN vs State Ss — 2024 PCrLJ 455 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2024 PCRLJ