Citation Name: 2024 YLR 2118 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Shabbir Ahmad vs State Ss

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Citation Name: 2024 YLR 2118 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Shabbir Ahmad VS State Ss. 302, 147, 148 & 149 ---Qanun-e-Shahadat (10 of 1984) ,Art. 39---Qatl-i-amd, rioting, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Confession before the Police---Indmissible in evidence---Record revealed that the pistol was not recovered from the possession of the appellant---One of the witnesses of the recovery memo. of the motorcycle took into possession the same (pistol) from the scene of occurrence---To whom, the pistol belonged, had not come on the record ---Trial Court also discarded the statement of the prosecution witness of the blood stained swab-sticks, because he during his cross-examination stated that the police had not recorded his statement---From the evidence of other three prosecution witnesses of the recovery memo. of the articles recovered from the personal search of the appellant, of the recovery memos of the last worn clothes of the deceased and of the disclosure memo. of the appellant, no new fact came on record, rather a confession before the Police was considered by the Trial Court--- Said confession was not a relevant fact under Art. 39 of the Qanun-e-Shahadat, 1984, as such it was inadmissible in evidence---Trial Court mainly placed reliance upon confessionary video in which the appellant had confessed his offence before the Police and arrest of the appellant on the scene of occurrence in injured condition and recovery of crime weapon from him---Confession before police was not admissible---Pistol was taken by the police which was lying with the corpus of deceased---Mere arrest of the appellant in injured condition from the place of occurrence was not evidence of the fact that, indeed, the appellant was the accused--- It was the case of prosecution that the firing was made at the deceased in open market and there was rush and shops were opened---When prosecution had failed to prove involvement of the appellant in the alleged offence, then, appellant might be presumed a passerby---Appeal against conviction was allowed, in circumstances.

Citation Name: 2024 YLR 2118 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Shabbir Ahmad vs State Ss — 2024 YLR 2118 QUETTA-HIGH-COURT-BALOCHISTAN

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