MUHAMMAD NAZIM vs State Ss — 2022 PCrLJN 82 LAHORE-HIGH-COURT-LAHORE

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

MUHAMMAD NAZIM VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Medical evidence---Scope---Accused was charged for committing murder of son of the complainant by firing---Medical evidence was not furnished by the concerned doctor who had conducted the post-mortem examination rather record keeper appeared, who stated that concerned doctor had died and produced the original record of post-mortem---Oral statement with respect to contents of document was not given by any expert witness, therefore, question of description of injury, its angle or trajectory and presence of burning remained an unanswered story---Opinion of doctor could only be given by the said doctor as per Art. 71 of Qanun-e-Shahadat, 1984---Secondary evidence for doctor should have been given by another doctor/expert in order to assist the Court to understand the nature of injuries---Even post-mortem was conducted on the next morning with a delay of around 8 hours without any plausible explanation---No time of receiving the dead body in the mortuary was mentioned in the post-mortem report---Question of targeted or accidental fire could also not been explained which was the job of expert only---Prosecution had not produced any expert for explanation---Medical evidence had no support for prosecution--- Circumstances established that the prosecution had failed to prove its case beyond any shadow of doubt---Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court.

MUHAMMAD NAZIM vs State Ss — 2022 PCrLJN 82 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported