LIAQUAT ALI vs STATE Ss — 2026 YLR 625 PESHAWAR-HIGH-COURT

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LIAQUAT ALI VS STATE Ss. 302(b), 324 & 34--- Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S.15---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, possession of illicit weapon---Appreciation of evidence---Benefit of doubt---Recovery of weapon of offence and crime empties---Inconsequential---Accused were charged that they made firing upon the complainant party, as a result of which, son of complainant got hit on different parts of his body and died on the spot---As per prosecution three spent bullets had been shown recovered from dead body of deceased upon examination by Medical Officer concerned---Said spent bullets were taken into possession vide recovery memo---Likewise, through recovery memo, seven crime empties of 7.62 bore were shown recovered from the place assigned to appellant, whereas two empties of 30-bore had been recovered from the place ascribed to other accused---Similarly, at the time of arrest of another appellant, the local police recovered weapon of offence i.e. Kalashnikov, along with fixed charger having 30 live rounds of 7.62 bore, whereas at the time of arrest of acquitted co-accused, the police recovered 12-bore repeater, along with fixed and spare chargers, having 10 live rounds of 12-bore---At the time of arrest of co-accused/juvenile offender, the police recovered a 30-bore pistol along with spare charger, having 12 live rounds of 30-bore, on the strength of recovery memo---Bare look of Forensic Science Laboratory Report, would reveal that seven 7.62mm bore crime empties were fired from different 7.62mm bore weapons---Likewise, two 30-bore crime empties were fired from one and the same 30-bore weapon, however, no crime empty of 12-bore had been recovered from the spot during the course of investigation, in respect of the alleged 12-bore repeater/shotgun, recovered from possession of acquitted co-accused---Prosecution had also not been able to bring on record the Forensic Science Laboratory Report in respect of spent bullets recovered from dead body of the deceased at the time of his examination---Appeal against conviction was allowed, in circumstances.

LIAQUAT ALI vs STATE Ss — 2026 YLR 625 PESHAWAR-HIGH-COURT

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