USMAN vs STATE Ss — 2026 YLR 796 PESHAWAR-HIGH-COURT

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USMAN VS STATE Ss. 302(b) & 34---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S.15---Qatl-i-amd, common intention, possession of illicit weapon---Appreciation of evidence---Benefit of doubt---Delay of sixteen days in sending the crime empties and weapon of offence to laboratory for analysis---Consequential---Accused was charged that he along with his co-accused committed murder of the son of complainant by firing---Crime empties were allegedly recovered on 07.12.2021, which were received in the Forensic Science Laboratory on 23.12.2021---Investigating Officer stated in his cross-examination that empties along with blood-stained cotton were handed over by him to the Moharrir at about 17:00 hours---However, the Investigating Officer did not remember that who transmitted the case property to the Forensic Science Laboratory---At the end of his cross-examination, the Investigating Officer stated that he himself sent the case property to Forensic Science Laboratory on 09.12.2021---In that respect, Head Constable stated to have registered the case on receipt of murasila---Said witness received parcels containing blood stained cotton and six empties of .30 bore which were handed over to him by the Investigating Officer on his return from the spot---Said witness made entry in the relevant register and he was examined by the Investigating Officer under S.161, Cr.P.C---Cross-examination of that witness was worth perusal, wherein he stated that the FIR was not in his handwriting---Said witness admitted it correct that on the day of occurrence he was not posted as Moharrir at Police Station---Said witness clearly admitted that he did not send the case property to the Forensic Science Laboratory, except empties and blood-stained cotton which were handed over to him at about 06/6:15 p.m.---However, said witness admitted that the case property remained in his possession only for about fifteen to twenty minutes---When such was the state of affairs, how it could be ascertained that who dispatched the case property to the Forensic Science Laboratory and when it was sent to the Forensic Science Laboratory---In this view of the matter, the belated dispatch of the case property to the Forensic Science Laboratory was shrouded in mystery---There was contradiction between the statements of Head Constable and Investigating Officer with respect to sending the case property to the Forensic Science Laboratory---In view thereof, the Forensic Science Laboratory Report regarding the empties and the pistol allegedly recovered on the pointation of accused was of no avail to the prosecution, therefore, same could not be relied upon for sustaining conviction on a capital charge---Circumstances established that the prosecution had miserably failed to prove the case against the appellant---Appeal against conviction was allowed, accordingly.

USMAN vs STATE Ss — 2026 YLR 796 PESHAWAR-HIGH-COURT

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