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Amir Shahzad vs State Ss — 2024 YLR 2418 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 YLR 2418 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
YLR
Parties
Amir Shahzad vs State Ss
Subject matter
Criminal

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

Amir Shahzad VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Recovery of weapon of offence---Inconsequential---Accused were charged for committing murder of the nephew of complainant by firing---Recovery of gun 12 bore was shown effected from the house of accused where the occurrence took place---Police by the time had searched that house many times but making recovery only on the lead of accused form a room of said house was nothing but merely an eye wash---Even otherwise no cartridge shell was secured or collected by the police from the crime scene---Moreover, it was a single fire shot and as a matter of fact, a cartridge shell was not ejected automatically after a fire by gun 12 bore rather it was ejected manually to reload a new cartridge---Thus, if a second fire was intended, then spent shell was to be ejected by operating handle, sliding along the magazine---Fire had not been repeated in the present case; therefore, no question of ejecting of cartridge or falling of the same at the place of occurrence arose---In any case non-availability of cartridge shell made recovery of gun inconsequential and Forensic Science AgencyReport to the extent of functionality test was not helpful to the prosecution---Circumstances established that the prosecution had failed to prove the charge against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2024 YLR

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