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MUHAMMAD HANIF vs State Ss — 2024 YLR 222 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 YLR 222 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
YLR
Parties
MUHAMMAD HANIF 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

MUHAMMAD HANIF VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Medical evidence---Infirmities---Accused were charged for committing murder of the sister of complainant---Women Medical Officer in her examination had admitted that rigor mortis was visibly present in the body of deceased and it was an established position in medical jurisprudence and toxicology that usual duration of rigor mortis was 24 to 48 hours in winter and 18 to 36 hours in summer---As the incident took place in winter and dead body already showed signs of rigor mortis, it suggested that the death must have taken place any time in the past 24 to 48 hours, which contradicted prosecution's story---Women Medical Officer did not mention time of the death and she also did not indicate that what was the gap between the incident and death, as she only mentioned the date and time of starting of post mortem and finishing the same---Meaning thereby, Women Medical Officer neither bothered to find out what was the exact time of the death, nor chose to mention it in the post mortem---In all such cases, benefit would naturally go to the accused---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond shadow of any doubt---Appeal against conviction was accordingly allowed.

Other judgments reported in 2024 YLR

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