Fayyaz Ahmad vs State Ss — 2025 MLD 1658 LAHORE-HIGH-COURT-LAHORE

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Fayyaz Ahmad VS State Ss. 324, 334, 336, 337-a(i), 337-a(ii), 337-F(i), 337-F(ii), 337-F(iii), 337-F(v), 337-F(vi), 337-L(2), 427, 447, 511, 148 & 149---attempt to commit qatl-i-amd, causing shajjah-i-khafifah, ghair-jaifah-hashimah, shajjah-i-mudihah, ghayr-jaifah-damihah, ghayr-jaifah-muta-fahimah, munaqqilah, causing hurt, ghayr-jaifahbadi'ah, itlaf-i-udw, causing itlaf-salahiyyat-i-udw, mischief causing damage to the amount of fifty rupees, rioting, rioting armed with deadly weapons, unlawful assembly, criminal trespass, attempting to commit offence---appreciation of evidence---Benefit of doubt---Recovery of weapon of offence from petitioners---No forensic report of recovered weapons on record---accused-petitioners were charged that they made indiscriminate firing upon complainant party, due to which they received different injuries---Record showed that though weapons of offence were shown to be recovered from the possession of the petitioners, however, it was important to note here that no crime empty was collected from the place of occurrence by the Investigating Officer---Neither the weapons were sent to the Forensic Science Laboratory nor any report in that regard was received to the effect that they were found in mechanical operating condition---Such lacuna had created a doubt of serious nature qua the authenticity of the prosecution case against the petitioners---When in the FIR no specific weapon was shown in the hands of the accused; no crime empty was recovered from the place of occurrence; and no positive report of Forensic Science Laboratory was available regarding matching of any crime empty with the allegedly recovered weapon, then the recovery of weapon from accused was inconsequential and could not be considered corroborative piece of evidence---Thus, the same was the doubtful position of the recovery of crime weapon in the present case, therefore, the said recovery was of no help to the prosecution---Criminal revision petition against conviction was allowed, in circumstances.

Fayyaz Ahmad vs State Ss — 2025 MLD 1658 LAHORE-HIGH-COURT-LAHORE

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