Khadim Hussain vs State S — 2024 YLR 2247 FEDERAL-SHARIAT-COURT

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Khadim Hussain VS State S. 17(4)---Penal Code (XLV of 1860), Ss. 202 & 412---Harrabah, intentional omission to give information of offence by person bound to inform, dishonestly receiving property stolen in the commission of dacoity---Appreciation of evidence---Delay in sending the crime empties for analysis---Accused were charged for committing murder of the brother and nephew of the complainant during dacoity---Record showed that the three empties of 30 bore pistol shown to have been secured from the place of incident on 27.09.2018 were earlier received in the office of Ballistic Expert on 02.08.2018 as was revealed from Forensic Science LaboratoryReport dated 10.08.2018, but it was strange that again on 31.08.2018 three .30 bore crime empties alongwith three .30-bore pistols together with fifteen .30-bore live cartridges were received in the office of Forensic Science Laboratory as was evident from the Forensic Science Laboratory Report dated 13.09.2018---No evidence or explanation was furnished by the prosecution as to how the same three .30-bore empties sent to the Ballistic Expert on 02.08.2018 were again sent to the Ballistic Expert on 31,08,2018 i.e. after 32 days of the incident and 19 days of the alleged arrest of the three accused---No explanation was given for such an inordinate delay in sending the pistols and crime empties to the Ballistic Expert---Who had delivered the alleged weapons and three empty shells in the office of Forensic Science Laboratory was nowhere mentioned in the Forensic Science Laboratory Report---It was not known as to when the three empty shells, which were allegedly earlier sent to Ballistic Expert, were returned to the Investigating Officer---Even roznamcha entries etc in that regard were not shown to be kept at the police station nor were they produced in evidence---Appeal against conviction was accordingly allowed.

Khadim Hussain vs State S — 2024 YLR 2247 FEDERAL-SHARIAT-COURT

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