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MUHAMMAD AHMAD alias BAGGI vs State Ss — 2022 YLRN 19 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 YLRN 19 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Parties
MUHAMMAD AHMAD alias BAGGI vs State Ss
Subject matter
Criminal
Provisions referred to
S. 103

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD AHMAD alias BAGGI VS State Ss. 302(b), 109, 148 & 149---Qatl-i-amd, abetment, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Recovery of weapon of offence from the accused---Reliance---Scope---Accused were charged for committing murder of the brother-in-law of the complainant---Record showed that pistol was recovered from the accused---Said recovery had no evidentiary value in the eyes of law as the same was made in clear violation of S.103, Cr.P.C.---Said recovery of the pistol from the accused could not be used as incriminating evidence against him, being evidence which was attained through illegal means and hence hit by the exclusionary rule of evidence---Investigating Officer did not ask any individual resident of the area neighbouring the place of the recovery of the pistol from the accused to witness the recovery of the same---Circumstances established that the prosecution had failed to prove its case against the accused beyond any reasonable doubt---Appeal against conviction was allowed, in circumstances.

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