Babar alias Jani vs State Ss — 2025 PCrLJ 22 LAHORE-HIGH-COURT-LAHORE

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Babar alias Jani VS State Ss. 302(b), 506 & 34---Qatl-i-amd, criminal intimidation, common intention---Appreciation of evidence---Recovery of weapon of offence on the disclosure of accused---Inconsequential---Accused was charged that he along with his co-accused committed murder of the brother of complainant by inflicting churri blows---Record showed that weapon of offence, i.e., churri was recovered on the pointing of the appellant, on 15.08.2020---Positive report of Forensic Science Agency regarding the presence of human blood on the blade of churri was available---As per the prosecution case, on 06.08.2020, the accused was arrested---Upon the disclosure of the appellant on 15.08.2020, a churri was recovered from the opposite railway station---Statements of recovery witness and Investigating Officer and perusal of the recovery memo. revealed that after the recovery of Churri which was wrapped in a shopper, same was taken into custody through sealed parcel---However, it was not mentioned in the Forensic DNA and Serology Analysis Report that the sealed parcel was submitted---Besides, the Forensic Science Agency Report revealed that property in the case was released to Investigating Officer on August 19, 2020---Swabs taken from the blade of Churri were examined on October 29, 2020---If the property of the case was released to Investigating Officer on 19.08.2020; this then which case property was analyzed by the Analyst on October 29, 2020; this created doubt on the report of Forensic Science Agency---Entire prosecution evidence was silent on such aspect of the case---Thus, there was no link evidence to prove that the Churri recovered from the accused was again received back from the Investigating Officer by the moharrar and the same was re-deposited in the Malkhana or handed over to the Moharrar---Circumstances established that the prosecution had failed to bring home a charge against the appellant beyond any reasonable doubt---Appeal against conviction was allowed accordingly.

Babar alias Jani vs State Ss — 2025 PCrLJ 22 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2025 PCRLJ