Mumraiz Ali vs Anwar Ali Ss — 2025 YLR 2541 PESHAWAR-HIGH-COURT

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Mumraiz Ali VS Anwar Ali Ss. 302(b), 324, 337-F(ii), 452, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah badi'ah, house-trespass, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Benefit of doubt---Recovery of weapon of offence and crime empties---Safe custody of recovered weapon not established---Recovered weapon sent for forensic with delay of more than 14 days---Accused were charged for committing murder of father, brothers, daughter and sister-in-law of complainant and causing fire arm injures to the complainant and his brother---Appellants were arrested and from possession of the appellants Kalashnikovs were recovered---Seizing Officer registered two FIRs in that respect and the same were taken into possession---Subsequently, the recovered weapons were sent to the Firearms Expert, where out of the recovered empties, 17 matched with the weapon recovered from possession of the appellant "S", whereas no empty matched with the weapon recovered from the possession of the appellant "A"---Interesting to note that from the spot 27 empties of 7.62 bore and 05 empties of .30 bore along with one empty of 8-MM bore were recovered, but out of the recovered 27 empties of 7.62 bore only 17 matched with the weapon recovered from the appellant "S"---As 05 empties of 30 bore were fired from one weapon and 17 out of 27 were fired from another, so in respect of other 10 empties no matching report was received---If the remaining 10 empties were distributed amongst the remaining accused, then the same told that every accused fired a single fire shot, which no prudent mind would accept---Laboratory report could not be taken into consideration, as on one hand the recovered weapon was sent to the laboratory after a delay of more than 14 days and on the other the same was in an unsealed condition---When the safe custody of the recovered weapon was not proved and when the same was received with an unexplained delay, this piece of evidence had lost its evidentiary value and the same could not be taken into consideration---Appeal against conviction was allowed, in circumstances.

Mumraiz Ali vs Anwar Ali Ss — 2025 YLR 2541 PESHAWAR-HIGH-COURT

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