FATEH KHAN vs State Ss — 2025 SCMR 1408 SUPREME-COURT

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FATEH KHAN VS State Ss. 302, 324, 404, 427, 337-a(i), 337-F(i), 337-F(iii), 337-F(v), 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, dishonest misappropriation of property possessed by deceased person at the time of his death, mischief causing damage to the amount of fifty rupees, shajjah-i-khafifah, ghayr-jaifah-damiyah, ghayr-jaifah-mutalahimah, ghayr-jaifah-hashimah, rioting armed with deadly weapons, unlawful assembly---Re-appraisal of evidence---Recovery of weapon of offence and crime empties---accused were charged for committing murder of four persons of the complainant party and causing injuries to the three persons---Crime empties shown recovered from the place of occurrence on the day of occurrence were not recovered by the police soon after reaching the place of occurrence---according to the prosecution witnesses, the crime empties were recovered by the police on their second visit of the place of occurrence---In that regard, no explanation had been offered by the prosecution witnesses---Kalashnikov had been shown recovered on the pointation of the convict on 9th February 2009 and according to report of the Forensic Science Laboratory, six crime empties were fired from the same---To lend independent corroboration to the recovery of Kalashnikov on the alleged pointation of the convict, no private witness was associated by the Investigating Officer to attest the said recovery---With regard to 8 mm rifle allegedly recovered from the other convict, there was no report of the firearm expert about firing of any crime empty from the same due to which the said recovery had been held of no avail to the prosecution---Recovery of .44 bore rifle from another convict had already been disbelieved and held inconsequential by the High Court---With regard to the Kalashnikov allegedly recovered from acquitted co-accused, there was no report of the firearm expert to confirm that any crime empty was fired from the same---appeal against conviction was allowed, in circumstances.

FATEH KHAN vs State Ss — 2025 SCMR 1408 SUPREME-COURT

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