Shahid Ali alias Makhi vs State Ss — 2025 PCrLJ 555 LAHORE-HIGH-COURT-LAHORE

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Shahid Ali alias Makhi VS State Ss. 302(b), 316 & 34---Qatl-i-amd, qatl shibh-i-amd, common intention---Appreciation of evidence---Delay of seventeen hours in conducting post-mortem upon the dead body of the deceased---Accused was charged for committing murder of the son of complainant by giving kicks and fists blows---Record showed that the dead body of deceased was shifted in the mortuary on 31.07.2015 at 08:20 p.m. where senior doctors usually did not remain available during night-time and on the next morning i.e. 01.08.2015 at 11:00 a.m. autopsy was conducted by Medical Officer, who was a Demonstrator in Department of Forensic Medicine and Toxicology---Thus, it seemed that conducting of autopsy on the dead body of deceased was deferred to following day to wait for concerned doctor---Keeping in view the said facts of the case, the time between the happening of occurrence and conducting autopsy was not consumed by the prosecution in fabricating any story or arranging eye-witness account of the case---Even otherwise, Court was not inclined to discard the overwhelming eye-witness account which was evenly supported by the medical evidence, merely because of a single circumstance that autopsy in the case was conducted after about seventeen hours of the occurrence without there being any element of concoction or fabrication of prosecution's case against the appellant---Circumstances established that case of the appellant fell within the scope of "qatl shibh-i-amd" as defined in S.315, P.P.C. and made punishable under S.316, P.P.C.---Thus, the conviction and sentence awarded by the Trial Court to the appellant on the charge under S.302(b), P.P.C. was set aside and while convicting him under S.316, P.P.C., he was sentenced to undergo rigorous imprisonment for a period of 10-years on account of committing qatl shibh-i-amd of deceased---Appeal was dismissed with modification in the conviction and sentence of the appellant.

Shahid Ali alias Makhi vs State Ss — 2025 PCrLJ 555 LAHORE-HIGH-COURT-LAHORE

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