Tahir Mahmood vs State Ss — 2026 YLR 1171 LAHORE-HIGH-COURT-LAHORE

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Tahir Mahmood VS State Ss. 302(b), 201, 114 & 34---Qatl-i-amd, intentionally causing evidence of an offence to disappear or giving false information to screen an offender, abettor present when offence committed, common intention---Appreciation of evidence---Benefit of doubt---Delay of about 10-hours in conducting post-mortem examination upon the dead body of the deceased---Consequential---Accused were charged for committing murder of the son of complainant by inflicting toka blows---Occurrence took place at about 07.45 p.m. on 27.07.2020, but the postmortem examination of the dead body of the deceased was conducted after much delay---According to Medical Officer, he conducted the post mortem examination of the dead body of the deceased on 28.07.2020 at 06.00 a.m. i.e. as many as ten hours after the death of deceased---According to the statement of Medical Officer the dead body of the deceased was brought to the hospital at 05.30 a.m. on 28.07.2020---Moreover, according to Medical Officer and the entries made in the post mortem examination report, the complete police papers were received by Medical Officer at 05.40 a.m. on 28.07.2020---Medical Officer, who conducted the post mortem examination of the dead body of deceased and prepared the post mortem examination report, had given the time between death and post mortem examination as being within ten hours---Reason which was apparent for the delayed conducting of the post mortem examination of the dead body of deceased was that by that time the details of the occurrence were not known and the said time was used not only to procure the attendance of the witnesses but also to fashion out a false narrative of the occurrence---No explanation was offered to justify the said delay in conducting the post mortem examination and the delay in escorting the dead body of the deceased to the hospital itself and the delay in submitting the complete papers---Said fact clearly established that the witnesses claiming to have seen the occurrence were not present at the time of occurrence and the delay in the post mortem examination was used to procure their attendance and formulate a dishonest account, after consultation and planning---Appeal against conviction was allowed, in circumstances.

Tahir Mahmood vs State Ss — 2026 YLR 1171 LAHORE-HIGH-COURT-LAHORE

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