Imran alias Mana vs State Ss — 2026 YLR 116 LAHORE-HIGH-COURT-LAHORE

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Imran alias Mana VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Safe custody of recovered weapon of offence and crime empties not proved---Accused were charged for committing murder of the brother of complainant by firing---After the registration of FIR, Investigating Officer was entrusted with the investigation of the case, who visited the spot and collected three crime empties of cartridges as well as six crime empties of pistol .30 bore from the place of occurrence and those articles were taken into possession---Investigating Officer handed over the crime empties to Moharrar for safe custody in Malkhana---While appearing before the Trial Court, Moharrar deposed that on 07.02.2019, he was entrusted with the parcel of crime empties, which he handed over to Investigating Officer on 18.02.2018 for its onward transmission to the office of Forensic Science Agency---When the Investigating Officer appeared before the Trial Court, he stated that he delivered the parcel of crime empties in the office of Forensic Science Agency on 19.02.2018---No justification was given by the Investigating Officer as to why he kept the parcel with him for one day---Moharrar in his Court statement stated that on 07.02.2018 he received three sealed parcels said to contain six empties of pistol .30 bore, three empties of pump action .12 bore and blood stained earth but he did not mention that he was also entrusted the case property pertaining to .12 bore pump action recovered from the possession of appellant---During cross-examination, Moharrar categorically admitted that apart from the said three parcels the Investigating Officer did not hand over to him any other parcel---Investigating Officer deposed that appellant was arrested on 23.02.2018, who, in the presence of witnesses, got recovered repeater .12 bore on 25.02.2018 vide memo duly signed by eye-witness as attesting witness; however, his evidence was absolutely blank regarding the fact that sealed parcel said to contain pump action was handed over to any Moharrar for safe custody---Said witness only deposed that on 26.02.2018, he received one sealed parcel through road certificate said to contain a .12 bore pump action from Moharrar, which he deposited in the office of Forensic Science Agency---It was an admitted fact that neither Moharrar was cited as a witness nor did he enter appearance before the Court in order to establish the safe custody of the sealed parcel of said pump action, which was deposited in the office of Forensic Science Agency---In the wake of this fact, the positive report received from the Forensic Science Agency was of no use to the prosecution because the chain of safe custody was missing, which created serious doubt about the recovery of the .12 bore pump action alleged to be used as a weapon at the crime scene---Appeal against conviction was allowed, in circumstances.

Imran alias Mana vs State Ss — 2026 YLR 116 LAHORE-HIGH-COURT-LAHORE

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