Muhammad Hussain vs State S — 2026 YLR 1002 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2026 YLR 1002 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2026
Reporter: YLR
Parties: Muhammad Hussain vs State S
Subject matter: Criminal
Provisions referred to: S. 302

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 Hussain VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Recovery of weapon of offence doubtful---Accused was charged for committing murder of the niece of the complainant by firing---According to Police Officer, on the day of occurrence i.e. 05.07.2021 when after receiving information of the occurrence, he reached at the place of occurrence, where two Security Guards, who had already apprehended the appellant at the spot, produced before him the custody of appellant but as gleaned from the record the weapon of offence, a 30-bore pistol was retrieved upon the pointation of appellant on 13.07.2021 from beneath bricks lying near Millat Road---Not understandable that if the appellant was apprehended by Security Guards at the spot then how the appellant managed to hide weapon of offence under bricks lying on Millat Road---Placing reliance on a recovery made from an open and accessible place was unsafe because it could not be said that the recovery had been effected from the exclusive possession of the appellant---In so far positive report of Forensic Science Agency qua matching of pistol with the crime empties taken into possession from the place of occurrence was concerned, that piece of the prosecution evidence, since the direct prosecution evidence had been disbelieved, therefore, the conviction and sentence of the appellant could not be maintained merely on the basis of positive report of Forensic Science Agency---Appeal against conviction was allowed, in circumstances.

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