Zulfiqar Khan vs State Ss — 2026 YLR 142 LAHORE-HIGH-COURT-LAHORE

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Zulfiqar Khan VS State Ss. 302(b), 324, 109 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, common intention---Appreciation of evidence---Benefit of doubt---Recovery of weapon of offence and crime empties---Inconsequential---Accused were charged for making indiscriminate firing upon the complainant party, due to which one person died and one person sustained firearm injury---Record showed that Investigating Officer collected 24 empties from the place of occurrence---Investigating Officer arrested appellant on 02.10.2020 who on 11.10.2020 got recovered pistol 30 bore on the pointing out of the said appellant which he took into possession vide recovery memo---On 18.12.2020, Investigating Officer arrested other appellant and on his pointing out got recovered pistol on 14.12.2020---Pistols recovered from both the appellants were sent to the Forensic Science Agency for analysis---Cartridge cases collected from the place of occurrence and sent by the Investigating Officer and it was reported that it was not possible to identify or eliminate those cartridges cases as having been fired from the pistol recovered on the pointing out of one appellant, thus, the recovery of pistol .30 on the pointing out of said appellant remained inconsequential---So far as the recovery of pistol recovered from other appellant, it was opined in the report of Forensic Science Agency that the empties collected from the place of occurrence were identified as having been fired from his pistol and the report in that regard was positive---As per record two persons were the attesting witnesses of the recovery memos of empties collected by the Investigating Officer of the case from the place of occurrence but they were given up by the prosecution, hence, they failed to appear before the Trial Court to prove the recovery of the empties---Appeal against conviction was allowed, in circumstances.

Zulfiqar Khan vs State Ss — 2026 YLR 142 LAHORE-HIGH-COURT-LAHORE

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