Mehboob Ali Mallah vs State S — 2026 PCrLJ 733 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2026 PCrLJ 733 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2026
Reporter: PCRLJ
Parties: Mehboob Ali Mallah vs State S
Subject matter: Criminal
Provisions referred to: S. 302

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mehboob Ali Mallah VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Medical evidence---Scope---Accused was charged for committing murder of his wife/daughter of complainant by firing---According to the testimony of the Woman Medical Officer, rigor mortis and postmortem lividity were both present on the body at the time of examination---However, during cross-examination, the Woman Medical Officer deposed that she was unable to determine the time between the occurrence of injuries and death---Rather, Woman Medical Officer confined herself to merely noting the time of examination of the dead body, without making any concrete effort to assess the probable time of death or the timing of the injuries---Postmortem examination, as per the report, commenced on 30-03-2019 at 2:00 p.m. and was completed at 3:30 p.m.---If rigor mortis had already developed by that time, it casted serious doubt on the prosecution's claim that death occurred at 12:30 p.m. on the same day---Presence of rigor mortis at the time of postmortem (2:00 p.m. to 3:30 p.m.) suggested that death might have occurred significantly earlier than 12:30 p.m., as claimed---Thus, if the presence of rigor mortis at the time of examination was accepted, than the same undermined the prosecution's asserted timeline and created a serious doubt regarding the exact time of death---Such inconsistency was material and would go to the root of the prosecution's case, thereby entitling the accused to the benefit of doubt---Appeal against conviction was allowed, in circumstances.

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