TAHSEEN ULLAH vs State Ss — 2025 SCMR 2018 SUPREME-COURT

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TAHSEEN ULLAH VS State Ss. 302(b), 324, 392 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, robbery, common intention---Reappraisal of evidence---Recovery of weapon of offence from petitioners---Reliance---Scope---Allegations against the accused-petitioners were that they committed murder of the brother-in-law of complainant by firing during robbery---On 25.04.2016, on the disclosure and pointation of petitioner "TU", a 30 bore pistol used in the commission of the offence was recovered and taken into possession by the Investigating Officer through recovery memo---On 01.04.2016, three empties of .30 bore had been taken into possession by the Investigating Officer from the crime scene and secured through recovery memo and then deposited with the Moharrir of the Police Station for safe custody in the Malkhana---On 04.04.2016, these empties were sent to the National Forensic Science Agency for analysis---After recovery of 30 bore pistol on 25.04.2016, it was also sent to the relevant forensic laboratory and as per report of the National Forensic Science Agency, the recovered empties were fired through the pistol recovered on the pointation of petitioner "TU"---Chain of custody, from the recovery of the empties and the pistol to their forensic examination, appeared to have been maintained in accordance with the principles of safe and secure evidence handling---Collective assessment of the ocular evidence, recovery of the weapon, positive identification in the test parade, and the forensic confirmation of ballistic evidence left little room for doubt regarding the culpability of the petitioners---Sequence of events and consistency of testimonies established a coherent and credible chain of circumstantial and direct evidence, sufficient to uphold the findings of guilt recorded by the Courts below---Circumstances established that the prosecution had proved its case against the petitioners beyond any shadow of doubt, however due to some extenuating/mitigating circumstance in the matter of sentence, the instant petition to the extent of petitioner "TU", was converted into an appeal and was partly allowed in the terms that his conviction under Section 302(b), P.P.C., was maintained, however, the sentence of death awarded to him was commuted to rigorous imprisonment for life---As regards conviction and sentence of petitioner "SK", no ground was found for interference in the impugned judgment---Petition to the extent of petitioner "SK" was therefore, dismissed and leave to appeal was refused.

TAHSEEN ULLAH vs State Ss — 2025 SCMR 2018 SUPREME-COURT

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