Babar alias Jani vs State Ss — 2025 PCrLJ 22 LAHORE-HIGH-COURT-LAHORE

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Babar alias Jani VS State Ss. 302(b), 506 & 34---Qatl-i-amd, criminal intimidation, common intention---Appreciation of evidence---Delay of seven hours and twenty minutes in conducting the post-mortem---Consequential---Accused was charged that he along with his co-accused committed murder of the brother of complainant by inflicting churri blows---Medical Officer deposed that on 10.07.2017, the dead body of deceased was brought by Police Constable at 12:15 pm and he conducted postmortem examination on the dead body of deceased at 06:20 pm---During cross-examination, Medical Officer admitted that the dead body was received at 12:15 pm, whereas police papers were received at 06:00 pm---No delay was there on the part of Medical Officer in conducting postmortem examination---Deposition of Medical Officer and perusal of contents of the postmortem report revealed that complete police papers were received at 06:00 pm on 10.07.2017, although Investigating Officer deposed that after registration of the case he visited the hospital, prepared documents and referred the dead body along with documents to the hospital through Police Constable---As per postmortem report, the time elapsed between death and postmortem was about 06 hours, whereas, from the time of occurrence, there was a delay of 07 hours and 20 minutes---Medical Officer stated that he issued postmortem report and also attested application for postmortem examination, injury statement and inquest report relating to the deceased prepared by the Investigating Officer---If FIR was registered within 25 minutes, there was no plausible explanation as to why the postmortem examination was conducted with the delay---Circumstances established that the prosecution had failed to bring home a charge against the appellant beyond any reasonable doubt---Appeal against conviction was allowed accordingly.

Babar alias Jani vs State Ss — 2025 PCrLJ 22 LAHORE-HIGH-COURT-LAHORE

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