GHULAM JAN vs State Ss — 2022 YLR 1547 PESHAWAR-HIGH-COURT

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GHULAM JAN VS State Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Medical evidence---Scope---Allegation against the accused was that he made firing upon complainant and his cousin, due to which, the cousin of complainant died while complainant escaped unhurt---Medical Officer who conducted autopsy on dead-body of the deceased stated that he did not write the names of the identifiers in the relevant column and that the identifiers were summoned by his staff---Medical Officer further stated that overwriting was made by him in the time of arrival and the time of examination---Said witness said that he could not rebut or affirm the suggestion that the dead body was examined at 12.55 am, midnight--- Uncertainty prevailed throughout his statement---Conduct of said witness was not above board, his reckless tampering in the relevant columns confirmed that neither the complainant nor the witnesses were present at the time of report and the post-mortem examination---Uncertain reply of the said witness in respect of 12.55 a.m., night confirmed the time of occurrence as 8.55 a.m., as it was he who mentioned the time between the death and post-mortem as 4 to 5 hours---Record showed that 8.55 a.m. was the time mentioned by the Police Official in the relevant column of the inquest report and by the complainant in his court statement---Cumulative effect of what was stated by witness led to hold that neither the incident occurred at the stated time nor the complainant was present when the deceased was done to death---Circumstances established that the prosecution could not succeed in bringing home guilt against the accused---Appeal against conviction was allowed, in circumstances. Head NotesCase Description

GHULAM JAN vs State Ss — 2022 YLR 1547 PESHAWAR-HIGH-COURT

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