IMRAN vs STATE — 2026 SCMR 47 SUPREME-COURT

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IMRAN VS STATE. Ss. 302(b) & 34---Qatl-i-amd, common intention---Reappraisal of evidence---Benefit of doubt---Recovery of weapon of offence and crime empties---Recovered weapon and empties sent together for forensic examination---Effect. Petitioner-accused was charged that he along with his co-accused committed murder of the brother of complainant. Record showed that a pistol was recovered at the pointing out of the petitioner and a positive report of Forensic Science Laboratory was available on the file. However, the empties and the pistol were deposited together in the office of Forensic Science Laboratory. Held: Such manner of dispatch and examination of the weapon and crime empties rendered the recovery and the positive Forensic Science Laboratory report of no legal assistance to the prosecution. The purpose of forensic examination is to establish a reliable nexus between the recovered weapon and the crime empties allegedly recovered from the place of occurrence. Where the weapon of offence and crime empties are sent together in a manner creating doubt regarding their separate identity, safe custody and proper examination, the evidentiary value of such forensic report becomes doubtful. The prosecution is required to prove its case beyond reasonable doubt and any doubt arising from procedural lapses in recovery or forensic examination must go in favour of the accused. Circumstances established that the prosecution had failed to prove its case against the petitioner beyond the shadow of doubt. Appeal against conviction was allowed, in circumstances, and the accused was acquitted of the charge.

IMRAN vs STATE — 2026 SCMR 47 SUPREME-COURT

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