Abid Ali vs State Ss — 2025 PCrLJ 383 LAHORE-HIGH-COURT-LAHORE

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Abid Ali VS State Ss. 302(b), 201, 109, 148 & 149---Qatl-i-amd, causing disappearance of evidence of offence, or giving false information to screen offender, abetment, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Recovery of weapon of offence and crime empties---Safe custody of recovered weapons not established---Accused were charged for committing murder of two sons of complainant by firing---As per the prosecution case, on 20.03.2018, the appellants, were arrested---Upon the disclosure of one of the appellants, on 30.03.2018, rifle 223-bore along with three live bullets were recovered by the Investigating Officer who secured the same into possession through a recovery memo.---On 04.04.2018, other appellant got recovered a 7-mm rifle (P-11), which the Investigating Officer secured through recovery memo.---Both the recovery memos. were attested by witnesses---As per prosecution evidence, the Investigating Officer handed the recovered weapons to Moharrar on 30.03.2018---Whereas Moharrar deposed that on 04.04.2018, Investigating Officer handed over to him two parcels of rifle---On 12.04.2018, Moharrar handed over the said parcels to Police Official/ASI for depositing the same in the office of Forensic Science Laboratory---As per the Firearms and Toolmarks Examination Report, the weapon recovered from one of the appellants, matched the crime empties concerned---Prosecution was bound to prove safe custody of the sealed parcels of the recovered rifle 223-bore along with three live bullets from the appellant on 30.03.2018---After scrutinizing the material on the record, it could be concluded that the prosecution had not established safe custody of the recovered rifle 223-bore, along with three live bullets---Moreover, there were contradictions in the case of the prosecution as to the safe custody of the parcels of the recovered rifle 223-bore, along with three live bullets---Moharrar had deposed that the rifle 223-bore, along with three live bullets, were on 30.03.2018 rather than on 04.04.2018---In the facts and circumstances, the possibility of tampering the recovered rifle 223-bore could not be ruled out---Appeal was allowed and appellants were acquitted of the charge.

Abid Ali vs State Ss — 2025 PCrLJ 383 LAHORE-HIGH-COURT-LAHORE

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