Hizbullah vs State Ss — 2025 MLD 1887 QUETTA-HIGH-COURT-BALOCHISTAN

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Hizbullah VS State Ss. 302 & 34---Criminal Procedure Code (V of 1898), S. 161---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Medical evidence and supporting complainant's version---Accused were charged for committing murder of the son of complainant by strangulating his neck---Occurrence statedly took place at about 3:00 p.m. whereas the autopsy was conducted at 6:30 p.m.---Development of complete rigor mortis on the body of the deceased young boy in hot weather belied point of time of assault given in the crime report---Opinion of Medical Officer was negating version of the complainant---In the present case the Medical Officer, who conducted the medical examination of the deceased, while appearing as a witness before the Trial Court, submitted that rigor mortis seen, and it was due to death about 6-8 hours back---Considering the contention of the complainant that the injured was immediately taken to the hospital for treatment in a pick-up, question arose as to how rigor mortis was developed and six to eight hours elapsed---Statement of the Medical Officer 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-witnesses 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, rather the Medico-Legal Certificate suggested that the incident took place much before as alleged by the complainant and eye-witnesses---Medical Officer further explained that no ligature marks was seen around the neck and cause of death was suggested "probably Aspyxia"---On the contrary, the complainant and the eye-witnesses alleged that the appellant (accused) strangulated the deceased---Circumstances established that the prosecution had failed to establish its case against the appellant beyond a reasonable doubt---Appeal filed by appellant against his conviction was allowed, in circumstances.

Hizbullah vs State Ss — 2025 MLD 1887 QUETTA-HIGH-COURT-BALOCHISTAN

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