HAQ NAWAZ vs State S — 2022 YLR 721 LAHORE-HIGH-COURT-LAHORE

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HAQ NAWAZ VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Recovery of weapon of offence from the accused---Reliance---Scope---Accused was charged for committing murder of the brother of the complainant by firing---Pistol was recovered from the accused, however, the said recovery could not be relied upon as the Investigating Officer of the case did not join any witness of the locality during the recovery of the said pistol from the accused which was in clear violation of S.103, Cr.P.C---Which could not be used as incriminating evidence against the accused, being evidence which was obtained through illegal means and was hit by the exclusionary rule of evidence---Perusal of the report of Forensic Science Agency regarding the comparison of empty and the recovered pistol revealed that the empty recovered from the place of occurrence was deposited in the office of Forensic Science Agency on 05.05.2015, whereas the accused was arrested on 30.04.2015 by the Investigating Officer of the case---No reason for keeping the empty recovered from the place of occurrence at the police station till the arrest of the accused---Possibility of fabrication on part of the Investigating Officer of the case could not be ruled out in circumstances---Perusal of the report of Forensic Science Agency regarding the comparison of empty and the recovered pistol further revealed that the empty and the pistol were submitted at the office of Forensic Science Agency on the same day---Said report of Forensic Science Agency had no evidentiary value---Appeal was dismissed with modification in sentence.

HAQ NAWAZ vs State S — 2022 YLR 721 LAHORE-HIGH-COURT-LAHORE

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