MUHAMMAD HASSAN alias AAMIR vs State Ss — 2022 YLR 805 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 YLR 805 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: YLR
Parties: MUHAMMAD HASSAN alias AAMIR 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 HASSAN alias AAMIR VS State Ss. 302(b), 324, 109, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Delay of about twelve hours in conduction of post-mortem---Scope---Accused were charged for committing murder of the father-in-law, mother-in-law and wife of the complainant by firing---Post-mortem on dead bodies were though conducted after about 12 hours yet Medical Officer had correctly observed probable time between death and post-mortem as of 12-24 hours which was in line with the prosecution story---No deliberate delay in dispatching the dead bodies to the mortuary, rather they were promptly sent under the escort of Head Constable/court witness---Said witness during cross-examination deposed that about sun set at 7:15 p.m. he received the dead bodies and reached hospital at 8:00 p.m.---No question was asked to Medical Officer about receiving of dead bodies or delay in conduct of post mortem examination which could be due to any administrative issue or non-availability of doctor, etc.---Benefit for such circumstances, could not be extended to the accused---Prosecution could not be held responsible for such delay---Circumstances established that the prosecution had successfully proved the case against the present accused on the touchstone of standard required in a criminal case---Appeal against conviction being devoid of merit was dismissed, in circumstances.

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