RIAZ vs State Ss — 2022 PCrLJ 1070 PESHAWAR-HIGH-COURT

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RIAZ VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Consultation and deliberation in lodging the FIR---Scope---Accused were charged for committing murder of the son of complainant by firing---Occurrence took place at 12:00 noon, which was statedly reported on the same day at 1:00 p.m.---Medical Officer conducted post-mortem at 12:50 p.m. i.e ten minutes prior to lodging of the report---According to author of Murasila, he reached hospital at 1:00 p.m., recorded the report and prepared the injury sheet as well as inquest report of the deceased and thereafter referred the dead body to Medical Officer under the escort of Police Official for post-mortem---Said witness must have consumed some time on preparation of the mentioned three documents, then how the Medical Officer could conduct the post-mortem without intimation of police in shape of injury sheet and inquest report---Times mentioned by both the Medical Officer and author of Murasila in their respective reports appeared to have been mentioned fictitiously---Record showed that police recorded the report after conducting preliminary investigation and the complainant nominated the present accused after consultation and deliberation---Duration of death of two hours as mentioned by the Medical Officer in the post-mortem report---On calculating the said duration of death of the deceased from the time of post-mortem the occurrence must have taken place at 10:50 a.m. which had dishonestly been suppressed by prosecution---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances. Head NotesCase Description

RIAZ vs State Ss — 2022 PCrLJ 1070 PESHAWAR-HIGH-COURT

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