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---Safe custody of incriminating material not proved---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 contents of the FIR, the alleged occurrence of murder of deceased had taken place on 19.9.2021 at 15:00 hours, whereas as per card arrest memo, the accused/appellants and other acquitted co-accused were shown arrested on 19.11.2021 i.e. after long delay of two months and that too from the nearby mountains, situated at a short distance of 40 kilometers from the police station concerned---First of all, it was not appealable to sanity that why the appellants would keep with them the alleged weapons of offence, after long two months of the occurrence knowingly that the said incriminating articles could be used against them during the course of trial, therefore, on that ground alone, mode and manner of the subject recovery of weapons of offence was shrouded in mystery---Moreover, the alleged crime empties of different bore had been sent to the laboratory for comparison on 20.11.2021 vide recovery memo, however, Forensic Science Laboratory Report, would show that the same were received by Forensic Science Laboratory Authorities on 22.11.2021, therefore, a high degree of doubt existed about its safe custody during the intervening period of two days---Even otherwise, blood-stained earth recovered from the spot, along with crime empties, if any, might prove the nature of death and the venue of occurrence but same circumstantial evidence alone would be of no help to the prosecution, in absence of trustworthy and confidence inspiring direct evidence against present appellants---Appeal against conviction was allowed, in circumstances.

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

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