Crime Weapon

Record showed that accused remained absconded for a long period and was arrested in another case and was investigated in jail

Accused during the intervening period had got sufficient time to conceal the crime weapon, besides, the recovery of crime weapon could be only a supporting piece of evidence

Prosecution had proved its case independently through direct ocular evidence

Mere non-recovery of crime weapon was no ground to discredit or disbelieve the entire prosecution case.

Qatl-i-amd, attempt to commit qatl-i-amd, mischief committed after preparation made for causing death or hurt, abetment, rioting armed with deadly weapon, unlawful assembly

Appreciation of evidence

Crime weapon

Report of Forensic Science Laboratory

Scope

Report of Forensic Science Laboratory was only to the effect that the weapon allegedly recovered from the accused was in working condition

Recovery of the weapon from the accused was of no consequence in circumstances.

Dagger allegedly recovered on the pointation of accused through recovery memo was not blood stained, positive reports of Chemical Examiner and Serologist were not reliable and disbelieved

Recovery of dagger from open place not in exclusive possession of accused accessable to everyone was not believable and the same was disbelieved in circumstances.

Wisdom behind sealing the weapon at place of incident was to eliminate the possibility of manipulation of evidence after recovery of the crime weapon

Sealing of weapon was essential, particularly in cases where it was alleged that weapon was used in the commission of crime and empties were secured from the vardat.

Crime weapon which was recovered from accused on 8-7-2001, was handed over to prosecution witness which he deposited in the office of Forensic Science Laboratory on 16-7-2001, and that too with 5 live bullets for reason best known to him

Report of Forensic Science Laboratory had lost its sanctity especially in a case with a capital charge, where abundant precaution was urgently required for safe administration of justice

Recovery of clothes allegedly stained with blood of deceased were not matched with the blood of deceased and no positive report regarding that was available on record

Case of prosecution was doubtful and accused was entitled to get benefit thereof

Supreme Court set aside the conviction and sentence awarded to accused and acquitted him of the charge

Appeal was allowed.

S. 302-Crime weapon-Pistol and revolver similar in size and difference can be ascertained only after examination of weapon-Fact that prosecution witness stated shot to have been fired from a pistol although weapon used was in fact a revolver-Discrepancy of witness regarding nature of weapon-Of no significance.

Crime Weapon Weapons-Not linked with offence-Recoveries at instance of accused-Whether rightly disregarded-Evidence Act (1 of 1872), S. 27.