Ashraf vs State Ss — 2025 YLR 2424 QUETTA-HIGH-COURT-BALOCHISTAN

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Ashraf VS State Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Benefit of doubt---Recovery of weapon of offence doubtful---Accused was charged for committing murder of the son of complainant and causing firearm injures to another person---Crime weapon Kalashnikov was allegedly recovered on the pointation of the appellant on 11.04.2022, which did not connect the appellant with the commission of the crime---Even if it was accepted as correct, both the crime weapon and crime empties recovered from the place of occurrence were not sent to Firearms Expert's to ascertain that whether the crime empties recovered from the place of occurrence were fired from the alleged Kalashnikov recovered on pointation of the appellant---Even there was no report of the Firearms Expert to establish that the alleged crime weapon was in working condition---Recovery of the alleged Kalashnikov was also doubtful---Recovery witness stated that on 11.04.2022, on the pointation of the appellant, a Kalashnikov was recovered from a hut---Alleged occurrence took place on 17.10.2021 and the alleged recovery was effected on 11.04.2022---How could it be possible that the said Kalashnikov was kept in a hut for such a long time waiting to be recovered, which could not be accepted by the prudent mind---Even no other evidence was produced by the prosecution to corroborate the statement of said witness---Investigation Officer did not state a single word in his statement that from where, when and how the recovery was affected from the appellant---Said aspect of the matter also caused reasonable doubt with respect of the alleged recovery of the crime weapon---Therefore, the said recovery was of no avail to the prosecution---Circumstances established that the prosecution had miserably failed to establish the culpability of the appellant in the instant case---Appeal against conviction was allowed, in circumstances.

Ashraf vs State Ss — 2025 YLR 2424 QUETTA-HIGH-COURT-BALOCHISTAN

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