Muhammad Arif vs State Ss — 2025 PCrLJ 1854 QUETTA-HIGH-COURT-BALOCHISTAN

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Muhammad Arif VS State Ss. 302(b), 201 & 34---Qatl-i-amd, causing the disappearance of evidence of an offense or giving false information to screen an offender from punishment, common intention---Appreciation of evidence---Benefit of doubt---Recovery of weapon of offence from the accused---Infirmities---Accused were charged for committing murder of the son of complainant by firing---Alleged occurrence took place on 21.06.2021 and on the same day, crime empties of T.T Pistol were also taken into possession by the Investigating Officer through recovery memo, whereas the crime weapon i.e. T.T. Pistol was recovered allegedly from the possession of the appellants on the same day---Prosecution produced a positive report of the Firearm Expert according to which the Firearm Expert received parcel No. 2 of a crime empties and parcel Nos.3 and 5 of the crime weapon i.e. T.T Pistol on 06.09.2021 with a delay of 76 days after recovery of crime weapon and crime empties---Crime weapon and crime empties were sent together to the Firearm Expert, whereas sending the empties together with the crime weapon to the Ballistic Expert made the entire process suspicious and highly doubtful---In this case, it was obligatory upon the Investigating Officer to have sent the crime empties and crime weapon to the expert as soon as possible without any delay, therefore, the Firearm Expert Report in that regard was inconsequential to the prosecution case---Apart from that, the prosecution had failed to establish safe custody of the recovered empties and pistol and their safe transmission to Forensic Science Laboratory---Moreover, it had not been explained that the weapon and empties were retained by whom during that period---Circumstances established that the prosecution had failed to prove its case against the appellants beyond any shadow of doubt---Appeal filed by accused-appellants against conviction was allowed, accordingly.

Muhammad Arif vs State Ss — 2025 PCrLJ 1854 QUETTA-HIGH-COURT-BALOCHISTAN

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