Kashmir alias Soba Khan vs State Ss — 2025 YLR 1401 QUETTA-HIGH-COURT-BALOCHISTAN

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Kashmir alias Soba Khan VS State Ss. 302(b), 147, 148 & 149---Qatl-i-amd, rioting, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Recovery of tyre lever rod (weapon of offence) at the instance of accused---Inconsequential---Accused was charged for committing murder of the brother of complainant along with his wife---Recovery of tyre lever at the instance of the appellant did not connect the appellant with the commission of the crime---Even if it was accepted as correct, there was no blood stain on the lever, which was confirmed by the recovery witness, who stated during cross-examination that no blood stain was found on the lever rod---Recovery witness was also a chance witness---According to the version of recovery witness, on 07.04.2022 at 10 or 11:00 am, he was sitting at a hotel in front of City Police Station and the Police Officials came and took him to the police station where the accused and Investigation Officer were present and took him to pointed place and there the appellant pointed out where the crime weapon was lying in the bushes---Address of recovery witness, according to his statement, was the complainant's village---Distance between said address and City Police Station was about four hundred kilometers---No explanation was given by the said witness as to why he was present in front of the City Police Station at the relevant time---Said aspect of the matter also caused reasonable doubt in respect of the recovery of the alleged crime weapon---Even otherwise, no corroborative evidence was produced by the prosecution to establish the recovery of the alleged crime weapon---Place of recovery was an open place; how could it be possible that from 29.05.2021 till 07.04.2022, the alleged crime weapon was lying in the bushes, which was recovered on pointation of the appellant after such a long period---Therefore, the said recovery was also of no avail to the prosecution---Appeal against conviction was allowed, in circumstances.

Kashmir alias Soba Khan vs State Ss — 2025 YLR 1401 QUETTA-HIGH-COURT-BALOCHISTAN

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