Ibrar vs State Ss — 2025 YLR 1201 LAHORE-HIGH-COURT-LAHORE

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Ibrar VS State Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Recovery of weapon of offence on the instance of accused and recovery of crime empties from the spot---Reliance---Accused was charged for committing murder of his wife/daughter of the complainant by firing and also causing firearm injuries to the complainant---Appellant was arrested in this case on 29.01.2020, who during investigation led to the recovery of pistol 30-bore along with two live bullets, which were sent to the office of Forensic Science Agency, for comparison with the crime empties already secured from the spot and the report thereof had been received with positive result---No doubt crime empties secured from the spot were sent to the office of Forensic Science Agency after arrest of the appellant but on that basis no benefit could be extended to the appellant for the reasons that Moharrar deposed that on 18.01.2020, he received a sealed parcel containing crime empties and kept them in safe custody in Malkhana and on 25.02.2020 handed over the sameto the Investigating Officer for its onward transmission to the office of Forensic Science Agency---During cross-examination, Moharrar explained that the parcels could not be sent from 18.01.2020 till 25.02.2020 as the Investigating Officer was busy in other assignments---After such clarification delay in sending the crime empties to the office of Forensic Science Agency had become irrelevant---Even otherwise, the deceased remained on death bed for almost 38 days and apparently in the intervening period the Investigating Officer did not take investigation seriously and interestingly the moment the deceased left for eternal abode on 24.02.2024, on the very next day, the crime empties were submitted in the office of Forensic Science Agency---In the attending circumstances, sending the crime empties belatedly, at the most could be considered a lapse on the part of the Investigating Officer, benefit of which could not be extended to the appellant---Even otherwise, if positive report of Forensic Science Agency was ignored even then it could not be made basis for reduction of sentence of the appellant---When the ocular account was found to be confidence inspiring and trustworthy, mere fact that recovery was inconsequential by itself could not be a ground for lesser punishment---Appeal against conviction was dismissed, in circumstances.

Ibrar vs State Ss — 2025 YLR 1201 LAHORE-HIGH-COURT-LAHORE

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