MUHAMMAD NAWAZ vs State Ss — 2022 PCrLJ 1542 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD NAWAZ VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Delay of eleven hours and forty five minutes in conducting the post-mortem examination on the dead body of the deceased---Scope---Accused were charged that they in furtherance of their common intention committed murder of the daughter of the complainant by firing---Post-mortem examination on the dead body of the deceased was conducted with the delay of eleven hours forty five minutes from the occurrence---Court witness/Medical Officer had stated that deceased in injured condition was referred to other hospital due to her precarious condition but she admitted that she was herself on leave and the hospital staff had referred the deceased to other hospital---Said witness did not mention the name of any member of the staff who had referred the deceased to the other hospital nor any such staff of the hospital appeared in the witness box before the Trial Court---Statement of Medical Officer regarding the referral of deceased by the staff of the Hospital to other hospital was hearsay evidence---Evidence of Medical Officer was contradictory to the statement of complainant and eye-witness because both the said witnesses of the prosecution stated that in fact deceased in injured condition was referred to other hospital by the doctor---Eye-witnesses did not state that the staff of Hospital referred her to the other hospital as claimed by Medical Officer---Delay in conducting the post-mortem examination on the dead body of the deceased was suggestive of the fact that the eye-witnesses of the prosecution were not present at the spot at the relevant time and the said delay had been consumed in procuring the attendance of fake eye-witnesses---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court, in circumstances.

MUHAMMAD NAWAZ vs State Ss — 2022 PCrLJ 1542 LAHORE-HIGH-COURT-LAHORE

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