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---Contradictions in the prosecution case---Accused was charged for committing murder of his wife/daughter of the complainant by firing---Accused/appellant himself took the dead body of deceased to the THQ Hospital at about 11:40a.m. on the same day with the stance that deceased had committed a suicide as conceded by Medical Officer, but on suspecting that death seemed homicidal, he informed the police on 15 Police emergency call, but by the time accused/appellant had taken the dead body away from the hospital---Reaching of dead body to THQ hospital at 11:40 was also confirmed by Investigating Officer during his cross-examination---Such situation clearly indicated that accused/appellant did not escape his duty to attend his wife nor opted to run away from the place of occurrence in fear of crime committed by him, rather as natural human behavior, he took deceased to the hospital and tried to justify his response to an event that happened in his house---Further claim of Medical Officer that on suspecting homicidal injury he called the police at 15 but accused/husband took the dead body away was without any proof---Defence in order to negate such version of Medical Officer had brought on record the OPD ticket, which carried the fact of receiving deceased as dead---Death certificate was also carrying anote "Received dead"---There was no other document which could suggest that dead body was taken away by the accused/appellant before arrival of police---Thus, under the principle of res ipsaloquitur (the thing speaks for itself) a witness might have told a lie but document did not, and so the Medical Officer had not stated the whole truth---Even otherwise once the dead body was received by the hospital, its misplacement was a criminal act to be reported by the concerned staff immediately, which had not been done in that case---Appeal against conviction was allowed, in circumstances.

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

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