Citation Name: 2025 MLD 1508 KARACHI-HIGH-COURT-SINDHBookmark this Case Bakhtiar Ali Domki vs State Ss

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Citation Name: 2025 MLD 1508 KARACHI-HIGH-COURT-SINDHBookmark this Case Bakhtiar Ali Domki VS State Ss. 302, 114 & 34---Sindh arms act (V of 2013), Ss. 23(i)(a) & 25---Qatl-i-amd, abettor present when offence committed, common intention, possession of illicit weapon---appreciation of evidence---Benefit of doubt---Recovery of weapon of offence and crime empties---Inconsequential---accused was charged for committing murder of the brother of complainant by firing---Recovery witness deposed that appellant was arrested on 16.05.2021 from Eidgah Chowk, pistol was secured from his shalwar fold and such recovery memo was prepared by first Investigating Officer in presence of witnesses at 05.00 pm---Second Investigating Officer did not depose a single word in examination in chief about arrest of accused and recovery of TT pistol from possession of appellant in murder case wherein he produced memo of recovery and arrest, forensic and ballistic reports---However in offshoot case, said witness deposed that recovery was affected from the accused in presence of witnesses from Eidgah Road---Said contradictory versions of the witness in two cases belied the recovery proceedings---Report of Chemical Laboratory that empties matched with the recovered weapon was also of no significance as crime empties were sent to forensic laboratory on 19.05.2021 along with TT Pistol allegedly recovered on 16.05.2021---To establish that the empties were actually recovered from the place of incident, the sealed parcel should have been sent on the day of incident, but actually was sent on 19.05.2021 along with recovered pistol which created doubt as to the safe custody of case property, thus casted doubt and rendered chemical report inadmissible in evidence---Circumstances established that the prosecution had failed to prove its case against the appellant beyond shadow of reasonable doubt---appeal against conviction was allowed, accordingly.

Citation Name: 2025 MLD 1508 KARACHI-HIGH-COURT-SINDHBookmark this Case Bakhtiar Ali Domki vs State Ss — 2025 MLD 1508 KARACHI-HIGH-COURT-SINDH

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