ABDUR RAZAQ vs IRFAN AHMED S — 2022 YLRN 108 PESHAWAR-HIGH-COURT

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ABDUR RAZAQ VS IRFAN AHMED S. 302(b)---Qatl-i-amd---Appreciation of evidence---Ocular and medical evidence---Contradictions---Accused was charged for committing murder of sister of the complainant by strangulation---Time of occurrence was shown to be midnight in between 3-4 April, 2013 in the FIR, while report was lodged on 04.04.2013 at 10.30 a.m.---Post-mortem was conducted by the doctor on 4.4.2013 at 11.00 a.m. and it had been mentioned in the post-mortem report that time between death and post-mortem was within 12-15 hours---Medical Officer admitted during cross-examination that death might have occurred at about 11.00 p.m. or 8.00 of even date---Said witness stated that it was not her personal opinion that death occurred in between 8.00 to 11.00 p.m. of 03.04.2013 but it was the biological changes in the body after the death which suggested the time of death---Medical evidence showed that the time of death was not the same as mentioned in the FIR---Said fact was further strengthened by the statement of Medical Officer, who mentioned time between death and post-mortem as 12-15 hours---So by calculation the time of death come at 11.00 p.m. at night, while at that time husband of the accused lady was with her, as such, in that peculiar situation how accused could murder the deceased lady, thus, the story narrated by complainant was highly doubtful and medical evidence totally negated the prosecution version---Circumstances established that the prosecution had failed to prove its case beyond any reasonable doubt against the accused---Appeal against acquittal being devoid of substance was dismissed, in circumstances. Head Notes

ABDUR RAZAQ vs IRFAN AHMED S — 2022 YLRN 108 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported