Khuda Bakhsh vs State Ss — 2025 YLR 2521 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 YLR 2521 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: YLR
Parties: Khuda Bakhsh vs State Ss
Subject matter: Criminal

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

Khuda Bakhsh VS State Ss. 302(b), 324, 337-a, 337-D, 337-F, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah, jaifah, causing hurt, rioting, rioting armed with deadly weapons, unlawful assembly---appreciation of evidence---Benefit of doubt---Delay of four months in sending the crime weapons to laboratory for analysis---Consequential---accused were charged for making firing upon the complainant party, due to which three persons died whereas there sustained firearm injuries---Prosecution had produced Forensic Science Laboratory Report with regard to 9mm pistol and crime empties, but record revealed that the same had been received by the Forensic Science Laboratory on 25.05.2022 with a delay of more than four months---However, still the crime weapon had not been produced by the prosecution, therefore, Forensic Science Laboratory Report was of no avail to the prosecution---No explanation had been given by the prosecution with regard to delayed Forensic Science Laboratory Report as well as safe custody of the crime weapon which had caused serious doubt in the case of prosecution---Circumstances established that the prosecution had failed to establish its case against the appellants beyond any shadow of doubt---appeal against conviction was allowed, accordingly.

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