AMAN ULLAH SHAH vs State Ss — 2023 YLR 1865 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 YLR 1865 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: YLR
Parties: AMAN ULLAH SHAH 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

AMAN ULLAH SHAH VS State Ss. 302, 324, 337-U, 337-a(i), 337-a(ii), 337-F(i), 337-F(v), 337-L(2), 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, itlaf of teeth, shajjah-i- khafifah, shajjah-i-mudihah, damiyah, ghayr-jaifah-hashimah, causing hurt, rioting armed with deadly weapon, unlawful assembly---appreciation of evidence---Delay of about 12 to 18 hours in conducting postmortem examination---Effect---accused were charged that they along with their co-accused assaulted the complainant party, due to which one person died whereas seven sustained injuries---Medical Officer, who conducted the postmortem examination on the dead body of the deceased had opined that probable time that elapsed between injuries and death was sudden and between death and postmortem examination was 12 to 18 hours---Said witness also admitted that he had not mentioned the time of death in the relevant column of the postmortem report and the same also was not mentioned in column No. 3 of the inquest report---Said witness further admitted that no date and time was mentioned in the column of postmortem report "examination of dead body"---Medical Officer conducted the postmortem examination of the deceased promptly after receiving the dead body and police papers meaning thereby that he received the police papers after a lapse of about 12-18 hours, which suggested consultation and deliberation---Even otherwise, delayed postmortem made the prosecution case doubtful---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond any shadow of doubt---appeal against conviction was allowed, in circumstances.

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