MUNIR vs State Ss — 2022 YLRN 90 LAHORE-HIGH-COURT-LAHORE

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MUNIR VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Delay of about thirteen hours in conducting post-mortem---Scope---Accused was charged that he along with his co-accused persons committed murder of the husband of complainant by firing---Record showed that the occurrence took place at mid night (1:00 a.m.) but the post-mortem was conducted by Medical Officer on the same day at 1:00 p.m.---Probable duration between the injury and death was within fifteen minutes and between death and post-mortem was about thirteen hours---Said Medical Officer had admitted during the cross-examination that according to the inquest report, there was no mention in column No.7 regarding blood stained clothes of the deceased---Complainant also admitted during the cross examination that she along with other witnesses made statements regarding the occurrence before the police after consulting with each other---No plausible explanation was brought on the record for the delayed post-mortem report---Said noticeable delay suggested deliberation and consultation--- Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt---Appeal against conviction was allowed, in circumstances.

MUNIR vs State Ss — 2022 YLRN 90 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported