Rustam vs State Ss — 2025 YLR 1121 PESHAWAR-HIGH-COURT

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Rustam VS State Ss. 302(b), 324 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Khyber Pakhtunkhwa arms act (XXIII of 2013), S. 15---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, possession of illicit weapon, act of terrorism---appreciation of evidence---Recovery of weapon of offence and crime empties---Reliance---Scope---accused were charged for committing murder of the maternal cousin of complainant by firing---Moharrir of Police Station deposed that on 08.03.2021, he produced .30 bore pistol belonging to appellant "R" and one SMG official rifle along with loaded magazine containing 23 live rounds of 7.62 bore belonging to appellant "R" to the Investigating Officer which were taken into possession vide recovery memo---Investigating Officer had sent the SMG official rifle along with empty of 7.62 recovered from the place of appellant "R" to the Forensic Science Laboratory, report whereof revealed that the empty of 7.62 bore had been fired from 7.62 mm bore (SMG) rifle---Pistol of appellant "RU" was also sent to the Forensic Science Laboratory and report of the Forensic Science Laboratory stated that "presence of gun powder residue in the barrel of 30 bore pistol in question revealed that fire has been made through it,however, no opinion can be expressed as to when it was last fired, the pistol is in proper working order in its present condition"---Circumstances established that the prosecution had proved murder of the deceased by appellant "R" through cogent and confidence inspiring direct evidence corroborated by strong circumstantial evidence and supported by medical evidence---appeal against conviction filed by appellant "R" was dismissed accordingly.

Rustam vs State Ss — 2025 YLR 1121 PESHAWAR-HIGH-COURT

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