MUHAMMAD SHARIF vs State S — 2022 MLD 106 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 MLD 106 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: MLD
Parties: MUHAMMAD SHARIF vs State S
Subject matter: Criminal
Provisions referred to: S. 497---P; S. 315; Penal Code (XLV of 1860)

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

MUHAMMAD SHARIF VS State S.497---Penal Code (XLV of 1860), Ss.302, 148, 149 & 427---Qatl-i-amd, rioting, armed with deadly weapon, common object, mischief causing damage to the amount of rupees fifty---Bail, refusal of---Prompt FIR---Scope---Prosecution case was that the accused along with his co-accused had beaten the complainant's father, dragged him on the ground and that due to indiscriminate firing of accused party and panic the father of complainant lost his senses, thereafter, died in the hospital---Matter was promptly reported to the police on the same day in which the accused was nominated with the specific role of causing sota blow on the back side of right shoulder of the deceased, which injury found existent in the post-mortem report of the deceased---Doctor, in the column of opinion, had specifically observed that death had occurred due to panicanxiety attack transforming to vasovagal inhibition/shock leading to cardiac arrest due to mental trauma, death threats as well as physical assault---Such trauma was sufficient to cause death in the ordinary course of nature---Insofar as contention of counsel for the petitioner vis-à-vis attraction of S.315, P.P.C., was concerned, the argument was not tenable---Prosecution witnesses were tenacious upon their statements---Sufficient incriminating material was available against the accused---Accused was found to be fully involved in the occurrence and the club was also recovered from his possession---Accused had failed to make out a case of further inquiry---Application for grant of bail was dismissed, in circumstances.

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