Abid Ali vs State Ss — 2025 PCrLJ 383 LAHORE-HIGH-COURT-LAHORE

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Abid Ali VS State Ss. 302(b), 201, 109, 148 & 149---Qatl-i-amd, causing disappearance of evidence of offence, or giving false information to screen offender, abetment, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Medical evidence and oral account---Contradictions---Accused were charged for committing murder of two sons of complainant by firing---According to the deposition of the complainant, he took his injured son to the police station after the incident at about 10:30 or 11:00, and he remained in the police station from 11:00 to 12:00 noon---After that, complainant took his injured son to the RHC Hospital---At the RHC, the Medical Officer referred injured to the DHQ Hospital, due to his critical condition---Complainant reached the emergency of DHQ hospital between 03:30 pm and 04:00 p.m.---Medical Officer checked injured in the emergency of the hospital and declared that son of complainant had died---Medical Officer, who conducted the postmortem examination on the dead body of the deceased deposed that the duration between injury and death was within 30 minutes---From the testimony of Police witness, it was revealed that the complainant remained in the police station for hours---As per the version of complainant, keeping in view the critical condition of the injured, the Medical Officer of RHC referred the injured to DHQ hospital and the complainant reached DHQ hospital at Zohar time---Complainant further deposed that they reached DHQ hospital after Zohar time---Zohar timing on 10.02.2018 was 11.52 am whereas Asr timing was 04.06 pm---Postmortem report of deceased had not been challenged by the prosecution, wherein it was mentioned that the duration between injury and death was half an hour---Admittedly, the prosecution witnesses failed to prove when and where deceased took his last breath---What happened between 10:00 a.m. and 05:00 p.m. on 10.02.2018 was shrouded in mystery---If the complainant, alongwith prosecution witnesses and deceased (then injured), reached DHQ Hospital at Zohar time and as per the opinion of the Medical Officer the duration between the injury and death was 30 minutes, then how the Medical Officer could refer the injured from RHC to DHQ hospital--- Complainant, deposed that he had no knowledge of any prescription/entry in the emergency of DHQ hospital, and about any issuance of the death certificate of his deceased son---Thus, medical evidence contradicted the ocular account---Appeal was allowed and appellants were acquitted of the charge.

Abid Ali vs State Ss — 2025 PCrLJ 383 LAHORE-HIGH-COURT-LAHORE

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