PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

MUHAMMAD JAVED vs State Ss — 2022 YLR 1193 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 YLR 1193 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
YLR
Parties
MUHAMMAD JAVED 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

MUHAMMAD JAVED VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Delay of four hours and fifty five minutes in conducting the post-mortem of the deceased---Scope---Prosecution case was that the accused in furtherance of their common intention committed the murder of the brother of complainant---Incident in the present case, according to the prosecution, was alleged to have taken place at 01.45 pm and the same was reported by complainant through complaint on the same day on the basis of which formal FIR was chalked out at 03.15 pm within a period of one and half hour---According to the post-mortem report, the dead body was received in the dead house at 07.00 p.m., whereas the post-mortem was conducted on the same day at 08.10 pm---Keeping in view that material discrepancy arising out from the prosecution case, an adverse inference to the prosecution's case could be drawn that the intervening period had been consumed in fabricating a story after preliminary investigation and to wait for the relatives of the deceased, who were made witnesses subsequently, otherwise there was no justification for not dispatching the dead body to the mortuary and providing police papers with such delay---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.

Other judgments reported in 2022 YLR

Back to the case-law library · Search Pakistani case law in Urdu or English