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---Criminal Procedure Code (V of 1898), S.103---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 motorcycle from the accused---Non-association of private witnesses at the time of recovery---Effect---Accused were charged for committing murder of the son of complainant by inflicting toka blows---Record showed that motorcycle was recovered from the appellant, however the same 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 motorcycle from the appellant which was in clear violation of Section 103, Cr.P.C---Furthermore, recovery witness also admitted that the place from where the motorcycle was recovered was inhabited by other people and was not in the exclusive possession of the appellant---Provisions of S.103, Cr.P.C, unfortunately, were honoured more in disuse than compliance---Therefore, the evidence of the recovery of the motorcycle from the appellant could not be used as incriminating evidence against the appellant, being evidence that was obtained through illegal means and hence hit by the exclusionary rule of evidence---Furthermore, eye-witness admitted that he had not mentioned the registration number, make, colour or even the maker of the motorcycle used by the appellants on the day of the incident in his statements---When eye-witness had not mentioned any details like the registration number, make, colour or even the maker of the motorcycle used by the appellants on the day of the incident then the recovered motorcycle could not be said to be the same which was under the use of the assailants on the eve of the incident---Appeal against conviction was allowed, in circumstances.

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

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