MUHAMMAD RAMZAN vs State Ss — 2025 SCMR 1742 SUPREME-COURT

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MUHAMMAD RAMZAN VS State Ss. 302(b) & 398---Qatl-i-amd, attempting to commit robbery or dacoity, when the offender is armed with a deadly weapon---Reappraisal of evidence---Benefit of doubt---Recovery of crime weapon on the disclosure of petitioners-accused---Lack of independent corroboration---Petitioners were charged for committing murder of the deceased while attempting to commit robbery---According to the prosecution, on 17.1.2021, on the disclosure and pointation of petitioner .30 bore pistol with four live cartridges were recovered in presence of two Police Constables/recovery witnesses from a cattle shed---As per prosecution version, from the same cattle shed, a .30 bore pistol with five live cartridges were recovered on 20.1.2021 on the disclosure and pointation of other petitioner---No disclosure memos of the petitioners were prepared in that regard by the Investigating Officer---No independent witnesses of the locality/workers of the cattle shed as well as owner of the cattle shed were associated to attest the alleged recoveries nor they had been produced at the trial to lend independent corroboration to the alleged recoveries of pistols and live cartridges on the pointation of the petitioners---Such fact weakened the prosecution case and led to possibility of foisting the recovery of weapons by the Investigating Officer to lend corroboration to the prosecution version---Pistol allegedly recovered on the pointation of petitioner on 17.01.2021 was sent to the Forensic Science Agency on 22.01.2021 with two crime empties already lying therein---Record also revealed of break in chain of custody of the weapon---Positive report of Forensic Science Agency was issued on 08.02.2021---Though positive report of a firearm expert was a valid piece of corroborative evidence but its weight was heavily dependent on the reliability of the weapon recovery---If the recovery of weapon was found to be doubtful, fabricated or otherwise unreliable, the report of firearm expert, even if positive, could be disregarded by the Court as it failed to connect the weapon genuinely to the accused or the crime in a credible manner---Since recovery of crime weapon was disbelieved due to lack of independent corroboration, the positive report of the firearm expert lost its evidentiary value in connecting the petitioner to the crime---Circumstances established that the prosecution had failed to prove the charge against the petitioners beyond reasonable doubt---Appeal against conviction was allowed, accordingly.

MUHAMMAD RAMZAN vs State Ss — 2025 SCMR 1742 SUPREME-COURT

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