Muhammad Zafar Iqbal vs State Ss — 2026 MLD 420 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2026 MLD 420 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2026
Reporter: MLD
Parties: Muhammad Zafar Iqbal vs State Ss
Subject matter: Criminal
Provisions referred to: S. 103---Q; S. 103; Criminal Procedure Code (V of 1898)

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 Zafar Iqbal VS State Ss. 302(b), 324 & 34---Criminal Procedure Code (V of 1898), S.103---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Recovery of weapon of offence from accused---Non-association of private witnesses during recovery---Accused were charged for committing murder of the brother of complainant by firing and also causing fire arm injuries to the complainant---Record showed that rifle .44-bore was recovered from the appellant---However, such 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 rifle .44-bore from the appellant, which action of his was in clear violation of the provisions of the S. 103, Cr.P.C and therefore the evidence of the recoveries could not be used as incriminating evidence against the appellant, being evidence which was obtained through illegal means and hence hit by the exclusionary rule of evidence---Provisions of S.103, Cr.P.C unfortunately, were honoured more in disuse than compliance---In this manner, the recovery of the rifle .44-bore from the appellant could not be proved and could not be considered as a relevant fact for proving any fact in issue---Moreover, according to the report of Forensic Science Agency, the empty shells of the bullets taken into possession from the place of the incident, when compared with the rifle .44-bore recovered from the appellant were found not to have been fired from the same---Said fact also proved the claim of the appellant with regard to his false involvement in the incident---Appeal against conviction was allowed, in circumstances.

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