ZEESHAN IFTIKHAR alias SHANI vs State Ss — 2023 YLR 1691 LAHORE-HIGH-COURT-LAHORE

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ZEESHAN IFTIKHAR alias SHANI VS State Ss. 302(b), 386, 440, 427 & 34---Qatl-i-amd, extortion by putting a person in fear of death or grievous hurt, mischief committed after preparation made for causing death or hurt, mischief causing damage to the amount of fifty rupees, common intention---Appreciation of evidence---Benefit of doubt---Delay of twelve hours in conducting post-mortem examination of dead body of the deceased---Effect---Accused was charged that he along with his co-accused committed murder of the son of complainant by firing due to non-payment of Bhatta and also made indiscriminate firing, causing damage to mirrors, screens etc. of a vehicle, which created a sense of terror and panic in the area---According to postmortem report as well as Medical Officer, the death occurred at 02.10 a.m.; he received dead body in dead house at 04.10 a.m.; the police provided him the relevant documents for autopsy at 10.50 a.m. and consequently he conducted postmortem at 11.00 a.m.---According to the opinion of said witness, death in this case occurred due to injury No.1 inflicted by firearm, which severely injured both the lungs and blood vessels, and led to hemorrhagic shock and death---Both the injuries were ante mortem---Injury No. I was sufficient to cause death in ordinary course of nature---Probable time that elapsed between injuries and death was 10 to 20 minutes and between death and post mortem it was within 12 hours---Said delay in conducting post mortem examination over the dead body of the deceased, in the given circumstances of the present case, when the mortuary was situated within the bounds of the city, was an intriguing feature to create doubt about the claim regarding promptness in lodging the FIR by the complainant and casted serious suspicion about the correctness and veracity of the prosecution's version---Circumstances established that the prosecution had badly failed to prove its case against the accused---Appeal against conviction was allowed, in circumstances.

ZEESHAN IFTIKHAR alias SHANI vs State Ss — 2023 YLR 1691 LAHORE-HIGH-COURT-LAHORE

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