MUQADAR KHAN vs State Ss — 2024 PCrLJ 229 PESHAWAR-HIGH-COURT

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MUQADAR KHAN VS State Ss. 302(b), 324, 337-F(ii) & 34---Qanun-e-Shahadat (10 of 1984), Art. 46---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah damihah, common intention---Appreciation of evidence---Complainant dying after four days of sustaining injuries---Accused, liability of---Accused was charged for firing upon complainant and his nephew with his pistol resulting into injuries on their bodies; injuries sustained by complainant proved fatal because of which he subsequently died---Allegedly, the occurrence had taken place on 03.09.2017 while the deceased died on 07.09.2017, therefore, in view of the said interval, death of the deceased was not the direct consequence of the injuries attributed to the accused---No doubt, the deceased had expired after four days of the occurrence as reflected from post-mortem report conducted by Medical Officer as well as death certificate issued by him, however, he had reported two entry and two exit wounds on the body of deceased---As per pictorial annexed with the post-mortem report, both the entry wounds were caused by same bullet first hitting the lateral side of left thigh making its exit near the scrotum by causing damage thereto and made exit on the lateral side of right thigh in upward direction---During cross-examination of Medical Officer, it was brought on record that local anesthesia had been given to the injured complainant which not only suggested that deceased then injured was conscious even at the time of his arrival to hospital but the locale of injuries also showed that he was not under the immediate apprehension of death---Record showed that after the occurrence, the deceased was taken to DHQ hospital in injured condition where he was examined by Medical Officer who, after applying tight compressive bandages to the wounds, referred him to LRH for further management---After his death, deceased was brought back to DHQ hospital on 07.09.2017 and post-mortem was conducted on the same day---Defence had taxingly cross-examined the witnesses especially Medical Officer to shatter his opinion regarding death of the deceased as direct result of the injuries he had sustained in the occurrence and likewise the accused had taken the plea in his statement under S. 342, Cr.P.C, that death of the deceased had not occurred as consequence of the injuries he had sustained in the occurrence---An accused who causes injury to a person resulting into his death will be held responsible for murder of the latter---Circumstances established that the prosecution had proved its case against the accused beyond shadow of doubt---Appeal against conviction was accordingly dismissed.

MUQADAR KHAN vs State Ss — 2024 PCrLJ 229 PESHAWAR-HIGH-COURT

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