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Khayal Bacha vs Ijaz Hussain Ss — 2024 YLR 2147 FEDERAL-SHARIAT-COURT

Case information

Citation
2024 YLR 2147 FEDERAL-SHARIAT-COURT
Court
Federal Shariat Court
Year
2024
Reporter
YLR
Parties
Khayal Bacha vs Ijaz Hussain Ss
Subject matter
Criminal
Provisions referred to
S. 17; S. 15---Q

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

Khayal Bacha VS Ijaz Hussain Ss. 302(b), 427, 468 & 471---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(4)---Khyber Pakhtunkhwa arms act (XXIII of 2013), S. 15---Qatl-amd, mischief and thereby causing loss or damage to the amount of fifty rupees or upwards, forgery, using as genuine a forged document, haraabah, possession of illegal weapon---appreciation of evidence---Recovery of weapon of offence and crime empties doubtful---accused was charged for committing murder of the brother of a witness during haraabah---Recovery of weapon of offence i.e. .30 bore pistol along with its license, 6 cartridges, one black-coloured magazine, one bag of black colour, one suit of clothes, one double adhesive tape, one smart mobile phone containing two SIMs vide recovery memo. at the time of arrest of the accused was heavily relied upon by prosecution---Such evidence did not improve the case of prosecution for the reason that initially the empties which were recovered on 16.02.2023 from the spot were sent to Forensic Science Laboratory on 17.02.2023 and returned with its report on 01.03.2023---Factum of sending empties and pistol together on 08.03.2023 could not rule out the possibility of fabrication---appeal against conviction was allowed, in circumstance.

Other judgments reported in 2024 YLR

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