Fakhar Iqbal Shah vs State Ss — 2025 PCrLJ 802 LAHORE-HIGH-COURT-LAHORE

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Fakhar Iqbal Shah VS State Ss. 302(b), 148 & 149---Qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Postmortem report of the deceased---Accused was charged that he along with his co-accused persons committed murder of the servant of complainant by firing---Occurrence took place at about 12.30 p.m. on 26.05.2022---Medical Officer observed time lapse between injury and death as 15-30 minutes---Police station was at a distance of 12 miles---First Information Report was registered at 1.15 p.m. not on oral assertion of complainant but on a written complaint, wherein it was mentioned that witnesses were left to guard deadbody which meant that at the time of registration of FIR, deadbody was at the place of occurrence---Postmortem report revealed receiving of deadbody in dead house at 1.00 p.m. whereas Investigating Officer stated that on 26.05.2022 Police Official handed over to him police file of this case for investigation and he proceeded to the place of occurrence where deadbody was available---After collecting blood from underneath the deadbody, Investigating Officer prepared papers for postmortem and dispatched the deadbody to hospital in the company of three persons---During cross-examination Investigating Officer told the time of shifting of deadbody as 1:45 p.m. but another Police Official when appearing as witness stated reaching of hospital at 1:45 p.m.---Thus, receiving of deadbody in deadhouse at 1.00 p.m. which was also endorsed by the Medical Officer, left many questions and doubts on the facts knitted by the prosecution---Thus, death of deceased at the place of occurrence, and shifting of deadbody by police on the day of occurrence at relevant time became highly doubtful---Appeal against conviction was allowed, in circumstances.

Fakhar Iqbal Shah vs State Ss — 2025 PCrLJ 802 LAHORE-HIGH-COURT-LAHORE

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