Master Riaz Ahmad vs State Ss — 2025 PCrLJ 1816 LAHORE-HIGH-COURT-LAHORE

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Master Riaz Ahmad VS State Ss. 302(b), 109, 148 & 149---Qatl-i-amd, abetment, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Benefit of doubt---Recovery of weapon of offence and crime empties---Safe custody of parcels compromised---Appellants along with their co-accused committed murder of the brother of complainant by firing---As far as recovery of the weapon of offence, i.e., pistol .30-bore along with five live bullets on the pointing of the appellant No.2, on 23.09.2015 and positive report of Forensic Science Agency,was concerned, as per the prosecution case, on 30.07.2015, the Investigating Officer inspected the place of occurrence and secured seven empties of .30-bore through recovery memo---On 12.09.2015, the appellant No.2 was arrested---Upon the disclosure of the said appellant, on 23.09.2015, pistol .30-bore along with five live bullets were recovered by the Investigating Officer who secured the same into possession through a recovery memo---As per the recovery memo, a pistol, 30 bore, along with five live bullets were secured in the parcel---Deposition of Moharrar Malkhana revealed that a pistol, allegedly containing 30 caliber pistol, was handed over to the Investigating Officer---Contrary to the deposition of Moharrar Malkhana, the Investigating Officer deposed that he deposited it to the office of Forensic Science Agency on the same date along with five alive bullets---However, a perusal of the Firearms and Tool Marks Examination Report revealed that the parcel submitted regarding the allegedly recovered weapon contained only the pistol but live bullets were not received at the office of the Forensic Science Agency, as deposed by the Investigating Officer---Said facts led to the safe conclusion that safe custody of the said parcel had been compromised and not proven, which ultimately rendered the report inconclusive and thus of no help to the prosecution---Appeal against conviction was allowed, in circumstances.

Master Riaz Ahmad vs State Ss — 2025 PCrLJ 1816 LAHORE-HIGH-COURT-LAHORE

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