Zahoor Hussain vs State Ss — 2026 YLR 293 LAHORE-HIGH-COURT-LAHORE

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

Zahoor Hussain VS State Ss. 302(b) & 109---Qatl-i-amd, abetment---Appreciation of evidence---Benefit of doubt---Recovery of pistol, mobile phone device and a broken lock from the accused---Inconsequential---Non-association of private witnesses---Accused was charged for committing murder of the brother and nephew of the complainant by firing---Regarding the recovery of the pistol and the recoveries of the mobile phone device and a broken lock from the appellant, 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 pistol and the recoveries of the mobile phone device and abroken lock from the appellant which was in clear violation of S.103, Cr.P.C---Recovery witness admitted during cross-examination that Investigating Officer did not call any private person to become the witness of recovery proceedings---Investigating Officer did not call any village headman, councillor etc.---Provisions of S.103 Cr.P.C, unfortunately, were honoured more in disuse than compliance---Furthermore, Investigating Officer also admitted that the place from where the pistol was recovered was accessible to all and not in theexclusive possession of the appellant---Moreover, the mobile phone device and a broken lock were recovered from the chowbara of one "MI", however, the said person never appeared as a witness either before the Investigating Officer of the case or the Trial Court---Therefore, the evidence of the recovery of the pistol and the recoveries of the mobile phone device and a broken lock 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---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 pistol and the mobile phone device and a broken lock---Appeal against conviction was allowed, in circumstances.

Zahoor Hussain vs State Ss — 2026 YLR 293 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2026 YLR