Sajjad alias Mani vs State Ss — 2025 YLR 1244 LAHORE-HIGH-COURT-LAHORE

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Sajjad alias Mani VS State Ss. 302(b), 324, 337-F(i), 337-F(ii), 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, damiyah, causing badi'ah, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Medical evidence contradicting prosecution's version---Accused were charged for committing murder of the son of complainant and causing injuries to the complainant and his brother by inflicting dagger blows---If deceased had died immediately after sustaining injuries making it a futile effort to take him to the hospital, then question was why did Medical Officer state that the injuries sustained by deceased were not dangerous and that the time between the death and injury was 35 minutes and that he could have been saved had he been properly provided first aid---Medical Officer did not state that the cause of death was excessive bleeding from the same wound which was otherwise not covered with any cloth so as to stop the continuous bleeding---Dead body was received in the hospital at 01:00 a.m. whereas the autopsy was conducted at 05:00 p.m., therefore, such delay of 16 hours for conducting autopsy appeared to be fatal for the prosecution---Dead body was not brought by any of the close relatives in the hospital which was identified by another witness before the autopsy---Medical Officer appeared on behalf of original Medical Officer, just to identify his signatures and hand writing---Admittedly, said Medical Officer never participated or facilitated in the said autopsy, therefore, he could not answer the vital questions in cross-examination---Surprisingly, the time between death and post mortem was given with precision as 15 hours and 40 minutes and between death and injury as 35 minutes which appeared to be a tutored statement---Appeal against conviction was allowed, in circumstances.

Sajjad alias Mani vs State Ss — 2025 YLR 1244 LAHORE-HIGH-COURT-LAHORE

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