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Attaullah vs State Ss — 2025 PCrLJ 792 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2025 PCrLJ 792 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2025
Reporter
PCRLJ
Parties
Attaullah vs State Ss
Subject matter
Criminal

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

Judgment text as reported

Attaullah VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Recovery of weapon of offence and crime empties---Possibility of weapon being foisted upon the accused---Accused was charged for committing murder of the father of complainant by firing---Alleged crime weapon was sent to the Forensic Science Laboratory with the previously recovered ¾ recovered empties of 30-bore---In this regard, the report showed that crime empties were fired from the same pistol---Record showed that the pistol and empties were sent together to the Forensic Science Laboratory after arrest of the appellant, as such, the positive report from the laboratory lost its evidentiary value, that was primarily due to the risk of foul play or tampering---Alleged recovered weapon of the offence had not been substantiated to be registered with the quarter concerned in the name of appellant and no pain, whatsoever, had been taken by Investigating Officer to confirm the factum of its ownership, therefore, the possibility to plant the subject weapon against the appellant could in no way be ruled out---Appeal against conviction was allowed, in circumstances.

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