Jamroz Khan vs State S — 2026 PCrLJ 704 LAHORE-HIGH-COURT-LAHORE

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Jamroz Khan VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---No certainty whether a case of suicide or homicide---Medical evidence---Accused was charged for committing murder of his wife/daughter of the complainant by firing---As per record, astellate (star-shaped) gunshot wound on the forehead could be either suicidal, as the shape was often caused by gases expanding from the firearm's muzzle, which was common in contact wounds, amethod used in suicides---Key factors to determine if it was asuicide or not, solely the wound's appearance was not sufficient but also its location, such as the forehead, which was a common suicide site, along with the presence of a weapon, ballistic evidence, and the victim's own history or circumstances---Circumstances and history of the individual were also critical in assessing the possibility of suicide---In short, a stellate wound on the forehead was significant but required a comprehensive forensic investigation to determine if it was a suicide---In this case when the accused/appellant dared to inform the Medical Officer as well as the investigator, then both were obliged to examine the dead body thoroughly and first duty was to examine the hands of deceased lady so as to find out any gunshot residue (GSR) in the form of soot over it---Not examining the hands by Medical Officer, investigator and the Medical Officer who later conducted postmortem examination was a criminal negligence and thereby truth was altered at the cost of slackness or deliberate askance---Moreover, it was the duty to be discharged even in terms if such GSR was not on the hands of deceased, it could then help to rule out the possibility of suicide to some extent---Place of occurrence was also required to be examined keenly, so as to track any other evidence available at the site, but prosecution agency was not serious to dig out such fact---Thus, it remained an unanswered theory whether, it was a suicide or homicide which created a doubt in prosecution story and benefit of doubt always leans in favour of accused---Appeal against conviction was allowed, in circumstances.

Jamroz Khan vs State S — 2026 PCrLJ 704 LAHORE-HIGH-COURT-LAHORE

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