Nazir Ahmad vs State Ss, 302(b), 147, 148 & 149 — 2025 YLR 1545 QUETTA-HIGH-COURT-BALOCHISTAN

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Nazir Ahmad VS State Ss, 302(b), 147, 148 & 149---Qatl-i-amd, rioting, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Recovery of weapon of offence on the disclosure of accused---Inconsequential---Accused were charged for committing murder of the son of complainant by firing---In the present case, the recovery witness testified that on 31.07.2022 the appellant made disclosure and on his pointation got recovered statedly a country made 222 Kalashnikov with nine rounds of 7.62 bore hidden under the ground in the house of the appellant, covered with soil---Complainant and his brother had categorically stated that at the relevant time when the murder was committed the appellant and co-accused were living in far flung area, whereas the recovery of crime weapon was made from a house situated at place of occurrence, statedly the old house of the appellant---Complainant while nominating the appellant and co-accused persons in the FIR mentioned their address of far flung area---Medical evidence albeit confirmed the fact that the deceased received firearm wound mentioned in the postmortem report, but it could not be considered as a corroborative piece of evidence rather it merely confirmed the cause, duration, locale and kind of weapon used, but in no way identified the culprit---Mere recovery of a crime weapon itself would not be considered as a corroborative piece of evidence unless positive ballistic report thereof was available---In the instant case, although positive Forensic Science Laboratory Report had been issued, but the same had no evidentiary value for the reason that five spent cartridges of 7.62 bore were secured from the crime scene on 21.07.2021, but the same were not sent for Forensic Science Laboratory immediately, rather after recovery of the crime weapon allegedly on 31.07.2022 both were sent together belatedly, which was received in the office of Forensic Science Laboratory on 10.10.2022---Appeal against conviction was allowed, in circumstances.

Nazir Ahmad vs State Ss, 302(b), 147, 148 & 149 — 2025 YLR 1545 QUETTA-HIGH-COURT-BALOCHISTAN

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