Fakhar Iqbal Shah vs State Ss — 2025 PCrLJ 802 LAHORE-HIGH-COURT-LAHORE

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Fakhar Iqbal Shah VS State Ss. 302(b), 148 & 149---Qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Defective investigation---Accused was charged that he along with his co-accused persons committed murder of the servant of complainant by firing---Investigating Officer collected blood from one place (point No.1) and admitted during cross-examination that blood so collected was deposited in the Forensic Science Agency on 16.08.2022 after about three months which fact was reflected from Forensic Science Agency Report as well as from the statements of HC, Moharrir and Investigating Officer---At the time of collection of blood police was not sure about the place where actually deceased received the fire because dead body was lying contra to claim of witnesses---In the memo. of collection of blood there was an overwriting/cutting of words "Mitti/soil with cotton/Rooi" probably due to reason that courtyard of baithak was soiled and not soling---Such facts were visible on naked eye view of report, and ran against the claim of prosecution about place of occurrence---Mala fide of Investigating Officer was reflected from the fact that though on 16.08.2022 he was not posted in the police station concerned yet he took the samples of blood-stained earth for its deposit in the Forensic Science Agency and such fact was admitted by him---Said fact showed that Investigating Officer conducted defective investigation and did not dispatch the samples in time, that was the reason no other Police Officer was ready to take responsibility of depositing of parcels in the Forensic Science Agency---Appeal against conviction was allowed, in circumstances.

Fakhar Iqbal Shah vs State Ss — 2025 PCrLJ 802 LAHORE-HIGH-COURT-LAHORE

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