NASIR ABBAS vs State Ss — 2022 PCrLJ 109 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PCrLJ 109 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PCRLJ
Parties: NASIR ABBAS 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

NASIR ABBAS VS State Ss. 302, 324, 34, 337-F(i), 337-F(v) & 440---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, shajjah-i-khafifah, ghayr-jaifah, mischief committed after preparation made for causing death or hurt---Appreciation of evidence---Benefit of doubt---Delay of about six hours and fifteen minutes in conducting post-mortem---Scope---Prosecution case was that the accused party made firing upon complainant party, due to which one person died, while other received severe injuries----Record showed that post-mortem examination on the dead body of deceased was conducted at 09.30 a.m. with a delay of six hours and fifteen minutes from the occurrence---Opinion of Medical Officer revealed the time between the death and post-mortem examination was six hours---Such noticeable delay normally occasioned due to incomplete police papers necessary to be handed over to the Medical Officer to conduct the post-mortem on dead body of the deceased which happened only when the complainant and police remained busy in consultation and preliminary inquiry regarding the culprits in such cases of un-witnessed occurrence---Such facts created doubt against the veracity of prosecution version---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

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