ZAFAR ALI ABBASI vs ZAFAR ALI ABBASI S — 2024 SCMR 1773 SUPREME-COURT

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ZAFAR ALI ABBASI VS ZAFAR ALI ABBASI S.302(b)---Qatl-i-amd---Reappraisal of evidence---Medical evidence---Rigor mortis, development of---Postmortem report and opinion of doctor negating version of the complainant---In the present case the doctor who conducted the postmortem of the deceased, while appearing as a witness before the Trial Court, submitted that rigor mortis was developed and eyes of the deceased were semi opened---Considering the contention of the complainant that the injured was immediately taken to the hospital for treatment in his jeep, question arose as to how rigor mortis was developed and why eyes of the deceased were not closed---Postmortem report, the statement of the doctor and his opinion did not support the contention of the complainant regarding immediate shifting of the injured to the hospital---Had the complainant and eye-witness been present at the place and time of the occurrence, the injured could have been taken to the hospital, without loss of time and thereby, rigor mortis could not have developed---Doctor explained that the injuries were lunar shaped, which meant that probably, the injuries were caused through lunar shaped weapon---On the contrary, the complainant and the eye-witnesses alleged that the appellant (accused) inflicted dagger blows on the deceased---Their statements regarding nature of the injuries sustained by the deceased and the weapon used contradicted the postmortem report and the statement of the doctor---Presence of the witnesses at the time of the crime was doubtful, as such the occurrence seemed to be unseen---Prosecution had failed to establish its case against the appellant beyond a reasonable doubt---Appeal was allowed, and appellant was acquitted of the charges.

ZAFAR ALI ABBASI vs ZAFAR ALI ABBASI S — 2024 SCMR 1773 SUPREME-COURT

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