Muhammad Shahbaz vs State Ss — 2025 MLD 982 LAHORE-HIGH-COURT-LAHORE

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Muhammad Shahbaz VS State Ss. 302(b), 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Safe custody of recovered weapon of offence, bullet and magazine not proved---Accused was charged that he along with his co-accused committed murder of the maternal uncle of complainant by firing---Record showed that pistol .30-bore, five live bullets and magazine, were recovered on the disclosure of the accused/appellant with positive report of Forensic Science Agency---However the Court had noticed with concern that the safe custody of the parcel of crime empties along with two lead bullets, pistol .30-bore, five live bullets and magazine had not been proved from the prosecution evidence---As per the prosecution case, on 16.09.2017 the Investigating Officer secured five crime empties along with two lead bullets from the place of occurrence and handed them over to Head Constable/Moharrar Malkahana---On 21.09.2017, Head Constable/ Moharrar Malkhana handed over a parcel of crime empties to the Investigating Officer for its onward transmission to the office of Forensic Science Agency---After that, the appellant was arrested on 21.11.2017, and during the investigation, he recovered a pistol, .30-bore, five live bullets, and a magazine from his house on 03.12.2017---Per the case of prosecution, the Investigating Officer handed over the recovered pistol .30-bore, five live bullets and a magazine to the Moharar of other Police Station for safe custody---However, Moharar Malkhana of said Police Station had not been produced by the prosecution as a witness rather Moharar of concerned Police Station while appearing as witness deposed that on 03.12.2017, Investigating Officer handed over to him one sealed parcel said to contain a pistol and it was received back from him on 07.12.2017 for depositing the same in the office of Forensic Science Laboratory, which was contrary to the deposition made by the Investigating Officer---Prosecution failed to establish by cogent evidence that the alleged parcel of pistol .30-bore, five live bullets and a magazine recovered from the possession of the appellant was kept in safe custody---Such contradictions did lead to an irresistible inference that the prosecution had not been able to prove safe custody of the recovered pistol .30-bore, five live bullets and magazine through material and cogent evidence---In such circumstances, the recovery of the weapon of offence and a positive report was of no consequence---Appeal against conviction was allowed, in circumstances.

Muhammad Shahbaz vs State Ss — 2025 MLD 982 LAHORE-HIGH-COURT-LAHORE

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