MUHAMMAD ZUBAIR vs STATE Ss — 2026 YLR 1151 PESHAWAR-HIGH-COURT

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

MUHAMMAD ZUBAIR VS STATE Ss. 302(b) & 34---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd, common intention, possession of illicit weapon---Appreciation of evidence---Defective investigation---Accused was charged for committing murder of the brother-in-law of the complainant---On the disclosure of appellant, on 20.7.2022, Investigating Officer recovered and took into possession .30 bore pistol along with fit magazine containing 05 rounds from briefcase of clothes lying near the southern wall inside the residential room of the accused, in presence of official witnesses---Investigating Officer prepared sketch of recovery---While perusing cross-examination, it surfaced that though Investigating Officer proceeded from the house of deceased to the spot on disclosure of the complainant and other persons present there, however, astonishingly, he prepared site plan on his own observations---Investigating Officer admitted that he had not sent the axe allegedly recovered from the spot to the Forensic Science Laboratory for finger-prints---Said witness admitted that he had not recorded statement of witness, in whose vehicle the injured was transported to a bridge, however, he recorded the statement of witness in whose rickshaw injured was brought to a bridge and then to the hospital---Regarding the motive, Investigating Officer stated that he had not annexed documentary proof regarding motive---Said witness admitted that no private person was associated during pointation proceedings---Said Investigating Officer admitted that acquitted co-accused was an aged person and he was disabled as right hand, was not in working condition---So far as recovery of .30 bore pistol was concerned, the record transpired that the same was allegedly effected on pointation of the appellant from his residential room, however, no independent witness was associated with the recovery proceedings, which made the same highly doubtful, hence, the Forensic Science Laboratory Report in respect thereof could not be relied upon for sustaining conviction---No empty was recovered from the spot by the Investigating Officer---Circumstances established that the prosecution had failed to prove its case against the appellant beyond any reasonable shadow of doubt---Appeal against conviction was allowed, accordingly.

MUHAMMAD ZUBAIR vs STATE Ss — 2026 YLR 1151 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2026 YLR