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Hotak alias Sapak vs State Ss — 2025 MLD 139 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2025 MLD 139 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2025
Reporter
MLD
Parties
Hotak alias Sapak vs State Ss
Subject matter
Criminal
Provisions referred to
S. 13; Pakistan Arms Ordinance

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

Hotak alias Sapak VS State Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Recovery of weapon of offence on the disclosure of accused---Reliance---Scope---Accused was charged that he along with his co-accused made firing upon the complainant party, due to which one person died whereas two other sustained firearm injuries---Record showed that on the disclosure of accused, crime weapon i.e., TT pistol, was recovered from a sack of sand, which was secured by witness through recovery memo.---Prosecution had lodged a separate case under S.13(e) of the Pakistan Arms Ordinance, 1965 regarding recovery of the crime weapon, which was produced in the instant case, and secured in the presence of two witnesses, but the prosecution had not only failed to produce both of them in the present case, but also did not produce the crime weapon, thus recovery memo. of TT pistol was inconsequential, more particularly, in absence of positive Forensic Science Laboratory Report---However other circumstances established that the prosecution had successfully brought home the charge without any glimpse of doubt against the accused, however, due to mitigating circumstances, death sentence was reduced to imprisonment for life---Appeal was dismissed with said modification in sentence, in circumstances.

Other judgments reported in 2025 MLD

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