ABID HUSSAIN vs State Ss — 2022 PCrLJN 110 LAHORE-HIGH-COURT-LAHORE

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ABID HUSSAIN VS State Ss. 302(b), 382 & 411---Qatl-i-amd, theft after preparation for committing murder or hurt, receiving stolen property---Appreciation of evidence--- Benefit of doubt---Delay in conducting post-mortem---Scope---Accused was charged for committing murder of the sister of complainant by cutting her throat, accused also took away three gold ear rings and two nose rings of the deceased---Motive behind the occurrence was that the accused had grudge of demanding amount of milk and visiting his house oftenly---Record showed that the post-mortem examination of the dead body of deceased was conducted on the next day after about eighteen hours of the incident---Lady Medical Officer in her cross-examination stated that as soon as she received police papers, she conducted the post-mortem examination of the deceased, without any delay on her part---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 of 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 could not prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

ABID HUSSAIN vs State Ss — 2022 PCrLJN 110 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported