Muhammad Nawaz vs State Ss — 2025 MLD 1165 LAHORE-HIGH-COURT-LAHORE

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Muhammad Nawaz VS State Ss. 302(b), 324, 337-F(iii) & 34---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah-mutalahimah, common intention---Appreciation of evidence---Delay in conducting post-mortem examination---Presence of witnesses at the time and place of occurrence not proved---Accused was charged for committing murder of the brother of complainant and also causing injuries to his other brother by firing---Occurrence in the case allegedly took place on 21.11.2021 at 02.00 pm and the matter was reported to the police on the same day at 02.45 pm, i.e. within a period of 45 minutes but postmortem examination on the dead body of deceased was conducted on 21.11.2021 at 11.00 pm, i.e. with the delay of nine hours---In the crime report and private complaint it was mentioned that after the occurrence, complaint made a call to police emergency number and escorted the deceased in injured condition to hospital who succumbed to the injuries while reaching hospital, whereas, other injured was shifted by his brother to hospital for the purpose of treatment---In this way, both the injured were shifted to hospitals immediately---According to the statement of Medical Officer, time that elapsed between injury and death of deceased was within few minutes, while between death and postmortem examination was 9 to 15 hours---Statement of Medical Officer reflected that the dead body of deceased was received in the department on 21.11.21 at 04.00 pm while documents were received at 10.15 pm on 21.11.21 and postmortem examination was conducted by Medical Officer at 11.00 pm---Besides, Investigating Officer had admitted in his cross-examination that the police documents were provided to the Medical Officer at 10.45 pm, i.e. eight hours and forty minutes after the occurrence, thus, the delay in conducting postmortem examination could not be attributed to the Medical Officer---From the said delay in the postmortem examination, an adverse inference could be drawn that the prosecution witnesses were not present at the time and place of occurrence and the intervening period had been consumed in fabricating a false story after preliminary investigation, otherwise there was no justification of such delay for conducting postmortem examination on the dead body of the deceased---Appeal against conviction was allowed, in circumstances.

Muhammad Nawaz vs State Ss — 2025 MLD 1165 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2025 MLD