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WAKIL KHAN vs State Ss — 2021 YLRN 62 PESHAWAR-HIGH-COURT

Case information

Citation
2021 YLRN 62 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Parties
WAKIL KHAN vs State Ss
Subject matter
Criminal

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

Judgment text as reported

WAKIL KHAN VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Medical evidence---Scope---Accused was charged that he and co-accused made firing upon the complainant, who was hit and injured, on the following day injured succumbed to the injuries---Record showed that report was penned down and the injury sheet was prepared where after the injured was taken to the doctor for his medical examination under the escort of one Constable and as such the Medical Officer examined the injured at 04.45 p.m.---Medico-Legal Report was prepared but the column meant for relatives was let blank and it found mentioned that the injured was brought by constable---In the Medico-Legal Report neither the pulse nor the blood pressure found mentioned, to ascertain therefrom as to whether the injured was capable to talk and even the doctor did not take the pains to opine regarding the physical condition of the injured and to explain that whether at the time when the injured was produced before him for medical examination, he was oriented in time and space---Medical Officer had admitted that neither any certificate was asked from him nor he endorsed the injury sheet in that respect---Said witness went on to say that as at the time of report his opinion regarding the capability of the injured and his physical condition was not requested, so he did not endorse the Murasila---Record transpired that the inter-se distance between D.H.Q hospital and Civil Hospital was more than 40 K.M, then how the injured was received in Civil Hospital at 06.46 p.m. where Medical Officer had stated that at 04.45 p.m. he examined the injured in D.H.Q hospital---Circumstances established that the prosecution had failed to prove its case against the accused---Appeal against conviction was allowed, in circumstances.

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