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MUHAMMAD AMEEN vs State S — 2022 SCMR 1444 SUPREME-COURT

Case information

Citation
2022 SCMR 1444 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
MUHAMMAD AMEEN vs State S
Subject matter
Criminal
Provisions referred to
S. 497; Penal Code (XLV of 1860)

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

MUHAMMAD AMEEN VS State S. 497(2)--- Penal Code (XLV of 1860), Ss. 302, 109, 148, 149, 337-A(i), 337-F(i) & 337-L(2)---Constitution of Pakistan, Art. 185(3)---Murderous assault---Bail, grant of---Further inquiry---Contradictory medial evidence qua alleged injury caused by the accused---Post-mortem report described the injury caused by the accused as "not a deep wound but superficial in nature" and two broken teeth of injured victim---Same post-mortem report described the mouth of the injured victim to be healthy---Final opinion of the medical officer which constituted the cause of death of deceased victim stated "cardiopulmonary arrest due to excessive internal bleeding due to rupture of spleen, liver and lung injury" which was not caused by the accused---Prima facie, the injury caused by the accused compared to the firearm injury caused by the co-accused, did not appear to be fatal leading to the death of deceased and the medial evidence to the extent of the alleged injury caused by the accused appeared to be contradictory---Question of common intention under section 34, P.P.C. could best be examined during the trial after recording of the evidence---To the extent of the accused the reappeared to be no reasonable grounds for believing that he had committed the non-bailable offence, but there were sufficient grounds for further inquiry into his guilt---Petition for leave to appeal was converted into appeal and allowed and accused was admitted to bail. Head NotesCase Description

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