Citation Name: 2024 YLR 383 PESHAWAR-HIGH-COURTBookmark this Case ZALWANOOR vs State Ss

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Citation Name: 2024 YLR 383 PESHAWAR-HIGH-COURTBookmark this Case ZALWANOOR VS State Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Delay in sending the crime empty and weapon of offence for analysis---Inconsequential---Accused was charged for committing murder of the brother of the complainant by firing---When the empties were recovered on 21.07.2019 and the pistol on 23.07.2019, why it took such a long time in reaching to the Laboratory---Delayed sending of the recovered articles was a circumstance which favoured the defence and that the prosecution could not succeed in proving the safe custody of the recovered articles---True that the recovered articles were sent and received at the laboratory on 30.07.2019, but while scanning through the record the Court came across a document duly exhibited, where apart from the blood stained earth, empties and pistol collected in the instant case, other recoveries made in other cases were also sent to the laboratory---As the Police Station was situated in a remote area and as per routine when numerous cases were registered, then for its own convenience the different collected materials were sent to the laboratory on one and the same date, and it happened in the present case as well---Though it was not an approved procedure, but from the documents no mala fide on part of the prosecution could be gathered and the lapse on part of the investigating agency could not be taken against the prosecution---As the blood stained earth, blood stained garments and the recovered pistol with two empties of .30 bore were received at the laboratory on the same date, so it confirmed that the delay caused was not with a sinister design and even it was not acceptable that either the empties or the pistol was planted against the accused---Positive laboratory report was supportive in nature---As from the spot two empties were collected, where one matched with the recovered pistol and the other did not, so no ambiguity was left that in the incident more than one accused participated and the laboratory report confirmed the stance of the complainant---Circumstances established that the prosecution succeeded in proving the charge against the accused beyond any shadow of doubt---Appeal against conviction was dismissed accordingly.

Citation Name: 2024 YLR 383 PESHAWAR-HIGH-COURTBookmark this Case ZALWANOOR vs State Ss — 2024 YLR 383 PESHAWAR-HIGH-COURT

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