Muhammad Nawaz vs State Ss — 2025 MLD 1165 LAHORE-HIGH-COURT-LAHORE

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Muhammad Nawaz VS State Ss. 302(b), 324, 337-F(iii) & 34---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah-mutalahimah, common intention---Appreciation of evidence---Delay in sending the crime empties, blood stained earth and live bullets to laboratory for analysis---Effect---Accused was charged for committing murder of the brother of complainant and also causing injuries to his other brother by firing---Record showed that pistol was recovered at the pointation of the accused from his dera and positive report of Forensic Science Laboratory was received in connection with it---Investigating Officer had admitted in his cross-examination that on 06.12.2021 after 15 days of the occurrence he sent blood stained earth, crime empties and live bullets, parcels seven in number, to the Forensic Science Agency for analysis---Said unexplained delay in sending the crime empties to the office of Forensic Science Agency, created a reasonable doubt qua the authenticity of such corroborative evidence against the appellant---Furthermore, Investigating Officer also admitted that from 21.11.2021 till the completion of investigation of the case, there was no mentioning in the Roznamcha that he handed over the parcel to Moharrir and deposited the same in the Office of Forensic Science Agency---In the attending circumstances, safe custody of pistol and its transmission to the office of Forensic Science Agency became highly doubtful, therefore, recovery of pistol and its positive report of Forensic Science Agency was inconsequential to the prosecution case---It was admitted position of the case that in column No.23 of the inquest report, no crime empty had been shown present near the dead body, albeit in the recovery memo and site plan, thirteen empty cartridges had been shown recovered lying very close to the dead body of deceased---Said deliberate omission created further reasonable doubts regarding the credibility of recovery of weapon of offence as well as Forensic Science AgencyReport---Appeal against conviction was allowed, in circumstances.

Muhammad Nawaz vs State Ss — 2025 MLD 1165 LAHORE-HIGH-COURT-LAHORE

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