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

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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---Recovery of crime weapon and crime empties---No forensic report of weapons on record---accused were charged for making firing upon the complainant party, due to which three persons died whereas three sustained firearm injuries---Prosecution asserted that the accused/ appellants were arrested on the spot and a 303 Rifle and 9mm pistols were seized from their possession---Prosecution also claimed to have retrieved an LSMG along with 85 cartridges from the house of accused---However, it was essential to note that none of those items had been presented to the Court in the current case, nor had they been submitted to the Forensic Science Laboratories to match the empty casings found at the scene---Instead, the prosecution had only provided photocopies of the recovery memos. related to a connected case---absence of recovery weapons and a positive Forensic Science Laboratory report significantly challenged the credibility of the prosecution's case---Moreover, the observation of the case file indicated that the prosecution submitted empty casings allegedly collected on 08.01.2022---Said casings were allegedly sealed in a parcel along with a sealed memorandum, but the FIR number entry was delayed till lodgment of FIR, which was later on lodged on 10.01.2022---Upon reviewing the case documents, it was clear that the sealed memorandum, claimed to be sealed on 08.01.2021, still displayed the FIR number, suggesting that the documentation and empties had been organized after the registration of FIR rather than derived directly from the scene---Said fact brought to light critical questions about the integrity of the evidence presented---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.

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

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