KASHIF NOUMAN ALIAS KASHI vs STATE Ss — 2026 YLR 864 LAHORE-HIGH-COURT-LAHORE

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KASHIF NOUMAN ALIAS KASHI VS STATE Ss. 302(b) & 34---Criminal Procedure Code (V of 1898), S.103---Qatl-i-amd, common intention---Appreciation of evidence---Recovery of weapon of offence---Non-association of private witnesses---Effect---Accused were charged for committing murder of the brother of complainant---Record showed that a pillow 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 pillow from the appellant which was in clear violation of S.103 Cr.P.C---Provisions of S.103 Cr.P.C, unfortunately, were honoured more in disuse than compliance---Therefore, the evidence of the recovery of pillow 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, it was admitted part of the prosecution case that the Investigating Officer of the case on 07.12.2019 had visited the house from where the pillow was recovered and remained there for a substantial period of time and in that scenario, had the pillow been present in the same house, then its presence must have been noted by the Investigating Officer of the case however it was not---Most important fact relating to the recovery of pillow was that the Investigating Officer of the case admitted during cross-examination that the said pillow was recovered from the house which was in the possession of the complainant and his family---Said pillow was recovered after about five months of the occurrence---All these facts denuded the effort made by the Investigating Officer of the case to prop up the failing prosecution case by showing sham recovery of the pillow---Appeal against conviction was allowed, in circumstances.

KASHIF NOUMAN ALIAS KASHI vs STATE Ss — 2026 YLR 864 LAHORE-HIGH-COURT-LAHORE

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