Shahid Zaman vs State Ss — 2025 YLR 2412 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 YLR 2412 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: YLR
Parties: Shahid Zaman vs State Ss
Subject matter: Criminal
Provisions referred to: S. 15---Q; Khyber Pakhtunkhwa Arms Act (XXIII of 2013)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Shahid Zaman VS State Ss. 302 & 311---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd, ta'azir after waiver or compounding of right of qisas in qatl-i-amd, possession of illicit weapon---Appreciation of evidence---Benefit of doubt---Recovery of weapon of offence and crime empties---Inconsequential---Accused was charged for committing murder of the nephew of complainant and his wife by firing---Appellant was arrested and from his possession a .30 bore pistol was shown recovered and the collected empties were sent along with the recovered weapon to the Fire Arms Expert and a report was received in positive, but this piece of evidence in isolation would not credit the prosecution, and even the manner in which the accused was arrested and the recovery was made from his possession did not appeal to the judicial mind of the Court---Laboratory report is supportive in nature and it plays a vital role once the prosecution collects independent evidence in its support, but as the prosecution failed to prove its case through independent witnesses, the laboratory report alone could not be taken into consideration for the conviction of the appellant---Circumstances established that the prosecution failed to bring home guilt against the appellant---Appeal against conviction was allowed, accordingly.

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