Tahir Mahmood vs State Ss — 2026 YLR 1171 LAHORE-HIGH-COURT-LAHORE

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Tahir Mahmood VS State Ss. 302(b), 201, 114 & 34---Qatl-i-amd, intentionally causing evidence of an offence to disappear or giving false information to screen an offender, abettor present when offence committed, common intention---Appreciation of evidence---Benefit of doubt---Recovery of weapon of offence from the accused---Inconsequential---Accused were charged for committing murder of the son of complainant by inflicting toka blows---Though it was stated by recovery witness that the toka was taken into possession from the place of the incident however according to the reports of Forensic Science Agency a knife was sent for the analysis---Obviously, knife and toka were entirely different articles---Prosecution could not prove with any degree of certainty as what was recovered from the place of the occurrence and what was sent to the Forensic Science Agency---According to the report of Forensic Science Agency, none of the items submitted to the Forensic Science Agency for DNA analysis generated the DNA profile of the appellant---Had the appellant handled the toka then his DNA profile must have been obtained from the items sent for analysis to Forensic Science Agency, but it was not which also proved that the appellant had not handled the toka---Moreover according to the report of Forensic Science Agency, no fingerprints of the appellant were lifted from the knife sent for analysis to the Forensic Science Agency---All these facts denuded the effort made by the Investigating Officer of the case to prop up the failing prosecution case by showing sham recoveries of the toka and the motorcycle---Appeal against conviction was allowed, in circumstances.

Tahir Mahmood vs State Ss — 2026 YLR 1171 LAHORE-HIGH-COURT-LAHORE

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