SHAHBAZ alias GILLU vs State Ss — 2022 PCrLJ 1451 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PCrLJ 1451 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PCRLJ
Parties: SHAHBAZ alias GILLU 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

SHAHBAZ alias GILLU VS State Ss. 302(b), 148 & 149---Qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt--- Delay of about nine hours in conducting post-mortem---Scope---Accused were charged that they in furtherance of their common object while armed with deadly weapon committed murder of the father of the complainant by firing---Record showed that post-mortem examination on the dead body of deceased was conducted on the following day at 07.05 a.m.---Medical Officer had opined that time between the death and post-mortem examination was eight to nine hours---Such was a case of delayed post-mortem, which casted serious doubt---High Court observed that such noticeable delay was normally occasioned due to incomplete police papers necessary to be handed over to the Medical Officer to conduct the post-mortem examination 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---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.

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