Abdul Qayum vs State S — 2025 YLR 984 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 YLR 984 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: YLR
Parties: Abdul Qayum vs State S
Subject matter: Criminal
Provisions referred to: S. 302

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

Abdul Qayum VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Recovery of weapon of offence on the disclosure of accused---Inconsequential---Accused was charged for committing murder of the brother of complainant---Investigation Officer testified that during investigation on 16.11.2021, appellant made a disclosure that he made four fire shots with a TT pistol, which he could get recovered, henceforth, the appellant got recovered the crime weapon from a washing machine under the clothes along with a magazine and four live rounds, which were secured through recovery memo---Investigation Officer sent the same for analysis to the Forensic Science Laboratory, which were received in the office of Forensic Science Laboratory, on 06.12.2021, whereof positive Forensic Science Laboratory Report was received---Such report did not help the prosecution case as the TT pistol being the crime weapon along with four live cartridge were recovered on 16.11.2021 and secured through recovery memo, but were received in the office of Forensic Science Laboratory, on 06.12.2021 with a delay of 20 days, for which no plausible explanation had been offered, diminishing the entire value of recovery of TT pistol and Forensic Science Laboratory Report, more particularly, when empties secured from the crime scene and alleged crime weapon had been sent together, therefore, no explicit reliance could be placed on such tainted and unworthy piece of evidence---Appeal against conviction was allowed, in circumstances.

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