FAHAD HUSSAIN vs State Ss — 2023 SCMR 364 SUPREME-COURT

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FAHAD HUSSAIN VS State Ss. 498 & 497(2)---Penal Code (XLV of 1860), Ss. 302 & 34---Constitution of Pakistan, Art. 185(3)---Qatl-i-amd, common intention---Ad interim pre-arrest bail, confirmation of---Further inquiry---According to the FIR, the incident occurred on 11.4.2022, while the FIR was lodged by the complainant on 20.4.2022---Though the complainant attributed the cause of delay to the police that after some protest the FIR was lodged but no details of the alleged protest were mentioned---Complainant has narrated in the FIR that when he along with his mother and brother reached the house of his deceased sister, they heard hue and cry from her room and when they entered the room, the accused was asphyxiating her, while the two co-accused persons were holding her hands and feet; that upon seeing this the complainant and his brother and mother raised cries which attracted villagers due to which the accused persons left the house, however no name of any villager was mentioned in the FIR who came to the scene of crime---Nothing was mentioned in the FIR that despite presence of the complainant and his brother along with the mother at the crime scene, whether any efforts were made by them to overpower the culprits in order to save the life of the deceased---According to the complainant, the post-mortem could not be conducted due to the non-availability of a lady doctor, hence the deceased was buried without conducting a post-mortem---On the contrary, according to the interim report filed under section 173, Cr.P.C, parents of the deceased mentioned the incident as a suicide, and it was further mentioned that letter for postmortem was issued but the complainant and his brothers did not allow the doctor to conduct postmortem and thereafter, the parents of the deceased forcibly took the dead body from hospital and buried it without postmortem---Said interim report further stated that the complainant had not produced eye-witness of the case to record their statement hence investigation was not concluded---Special Medical Board constituted for the postmortem unanimously concluded that the cause of death of the exhumed dead body of the deceased remained undetermined---Question as to whether present case was a case of suicide or murder, could only be resolved and determined by the trial court after full-fledged trial of the case---Keeping in view the present set of circumstances, the case of the accused persons required further inquiry---Petition for leave to appeal was converted into an appeal and allowed, and ad-interim pre-arrest bail already granted by the Supreme Court was confirmed.

FAHAD HUSSAIN vs State Ss — 2023 SCMR 364 SUPREME-COURT

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