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Citation Name: 2024 YLR 1113 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case KHAN MUHAMMAD vs State S — 2024 YLR 1113 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2024 YLR 1113 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2024
Reporter
YLR
Parties
Citation Name: 2024 YLR 1113 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case KHAN MUHAMMAD 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 YLR 1113 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case KHAN MUHAMMAD VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Crime weapon and crime empties not sent for analysis---Accused was charged for committing murder of the deceased by firing---Alleged occurrence took place on 27.11.2021, and on the same date, three bullet empties of a T.T pistol were also recovered from the place of occurrence---Crime weapon, i.e., a T.T pistol, was allegedly recovered on pointation of the accused on 13.12.2021, sixteen days after the alleged occurrence---Both the crime weapon and crime empties were not sent to the Firearms Expert to establish as to whether the alleged crime empties were fired from the allegedly recovered T.T pistol and whether the recovered T.T pistol was in working condition or not---On the other hand, according to recovery witness the recovered crime weapon, magazine and cartridges were rusty---Since the alleged pistol was not in working condition, therefore, the same was not sent to the Firearms Expert---Thus, the said piece of evidence was of no avail to the prosecution case---Circumstances established that the prosecution had failed to establish the culpability of the accused through reliable, trustworthy, and confidence-inspiring evidence---Appeal against conviction was accordingly allowed.

Other judgments reported in 2024 YLR

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