Muhammad Ashraf vs State S — 2026 YLR 1016 LAHORE-HIGH-COURT-LAHORE

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Muhammad Ashraf VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Ocular account and medical evidence---Contradictions---Accused was charged for committing murder of his wife/mother of complainant---Alleged by defence that eye-witness had seen appellant mercilessly beating the deceased but observance of single injury on the person of deceased by the Medical Officer was sufficient to belie the ocular account---Such submission was not agreeable for more than one reasons---Firstly, connotation of mercilessly beating did not ipso facto constitute that all the injuries inflicted by the appellant should have been detected by the Medical Officer at the time of post mortem examination of the deceased which was conducted after two months of the occurrence---Deceased while in injured condition remained under treatment for almost two months---There was every probability that during the intervening period minor injuries inflicted by the appellant would have healed, as such merely due to non-observance of other injuries at the time of post mortem examination report of the deceased, it could not be said that the medical evidence was in contradiction to the ocular account---Secondly, it was a matter of common observance that sometimes witnesses exaggerated the statements in desperation of justice and to emphasize on the intensity of their words, therefore, variation if any was not sufficient to grant any premium to the appellant---Thirdly, in the presence of convincing ocular account, single ground of conflict between ocular account and medical evidence could not be made basis for acquittal of an accused---Appeal against conviction was dismissed, in circumstances.

Muhammad Ashraf vs State S — 2026 YLR 1016 LAHORE-HIGH-COURT-LAHORE

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