Ejaz Ahmed vs State Ss — 2025 YLR 451 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 YLR 451 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: YLR
Parties: Ejaz Ahmed vs State Ss
Subject matter: Criminal

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

Ejaz Ahmed VS State Ss. 302(b), 148 & 149---Qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Recovery of weapon of offence from the possession of accused---Safe custody and safe transmission of recovered weapons to the Police Station not proved---Accused were charged for committing murder of two persons of the complainant party by firing---Regarding the recovery of the Kalashnikov rifle from one of the accused, it was observed that the said recovery was made on 12.08.2015 at the time of arrest of the said appellant during the investigation of the case FIR No.556 of 2015 and the said Kalashnikov rifle was obtained by SI/witness from the Malkhana of Police Station on 11.09.2015 and was handed over to Head Constable for keeping it in safe custody---Investigating Officer stated that he formally arrested the appellantin the present case on 31.08.2015---Prosecution had not produced any witness in whose custody the said Kalashnikov rifle remained from the date of its recovery on 12.08.2015 till its handing over to SI on 11.09.2015---Therefore, it was proved on record that the safe custody and safe transmission of the recovered Kalashnikov rifle from the place of its recovery to the police station was not proved and the possibility of manipulating the said recovered Kalashnikov rifle to procure a favourable report of the Forensic Science Agency, was obvious---Consequently, the recovery of the Kalashnikov rifle from the appellant could not be proved and could not be considered as a relevant fact for proving any fact in issue---Appeal against conviction was allowed, in circumstances.

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