MUHAMMAD ASLAM vs State S — 2023 YLRN 78 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD ASLAM VS State S. 302(b)--- Qatl-i-amd--- Appreciation of evidence---Benefit of doubt---Delay of about twelve hours in conducting post-mortem--- Scope---Accused was charged for committing murder of his wife/sister of complainant---Motive behind the occurrence was that the accused was jobless due to which the relations between the spouses were strained and they oftenly used to quarrel with each other, owing to that reason, the accused committed the murder of the deceased---Incident wherein deceased sister of complainant lost her life, as per prosecution, took place at about 10.00 a.m.---Matter was reported to the police through statement of complainant on the same day at 10.50 a.m., however, the post-mortem examination of the dead body of deceased was conducted on the same day at 10.00 p.m. i.e. after the delay of about twelve hours of the incident---Such noticeable delay was normally occasioned due to incomplete police papers necessary to be handed over to the Medical Officer to conduct the post-mortem examination of dead body of the deceased which happened only when the complainant and police remained busy in consultation and preliminary inquiry regarding the culprits in cases of un-witnessed occurrence--- Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances.

MUHAMMAD ASLAM vs State S — 2023 YLRN 78 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported