Recoveries of two crime empties from the place of occurrence are concerned,

22. As regards recoveries of two crime empties from the place of occurrence are concerned, we have noticed that the deposition of the Investigating Officer (PW-15) in this regard is not in line with the inquest report prepared by him as in column that anything was to be found near the dead body, the column speaks as ‘nil’, which reflects that at the time of preparation of inquest report, nothing was recovered from the place of occurrence and the crime empties were planted thereafter. Moreover, the crime empties, sent to Forensic Science Laboratory, were not matched with the guns recovered from the appellants Shahid, Mahboob and Muhammad Jamil, therefore, the recoveries do not carry any weight. Even otherwise, the guns were recovered on the pointation of the appellants from open places but no respectable of the locality was associated for the purpose of recovery as stated by the Investigating Officer (PW-15), therefore, the recoveries do not support the prosecution story, so; it can stand on its own legs and to prove the case of the prosecution. Reliance can be placed on the case of Muhammad Rafique v. The State (2014 SCMR 1698). 

Part of Judgment

THE LAHORE HIGH COURT, LAHORE

Murder Reference
642-10

2015 LHC 7528