Citation Name: 2024 YLR 427 PESHAWAR-HIGH-COURTBookmark this Case HUMAYUN vs HABIB-UR-REHMAN Ss

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Citation Name: 2024 YLR 427 PESHAWAR-HIGH-COURTBookmark this Case HUMAYUN VS HABIB-UR-REHMAN Ss. 302(b), 324, 337-F(iii), 427, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr - jaifah - hashimah, mischief causing damage to the amount of fifty rupees, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Safe custody and safe transmission of the crime empties not proved---Accused were charged that they made firing upon the complainant party, due to which three persons died while complainant sustained fire arm injuries---Record showed that the Investigating Officer collected eight empties of 7.62 bore from the place of incident and the same were sent to the Forensic Science Laboratory to ascertain as to whether the same were fired from one or different weapons---Though, the report received told that the same were fired from different weapons, but it was silent that the collected empties were fired from seven weapons---Keeping in view the limited number of empties and the laboratory report, the number of accused was exaggerated---Investigating Officer did not record statement of the Muharrir in whose custody the empties were lying and even, the Police Official who took the same to the laboratory for the purpose, was not examined---Once the safe custody and safe transmission of the collected empties was not established on record, then the same could not be taken into consideration---As the prosecution failed to prove its safe custody and safe transmission, so the laboratory report could not be termed as a valid piece of evidence and the same was discarded as such---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was accordingly allowed.

Citation Name: 2024 YLR 427 PESHAWAR-HIGH-COURTBookmark this Case HUMAYUN vs HABIB-UR-REHMAN Ss — 2024 YLR 427 PESHAWAR-HIGH-COURT

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