Parvaiz vs State Ss — 2026 YLR 1382 KARACHI-HIGH-COURT-SINDH

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Parvaiz VS State Ss. 302(b), 324, 504, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, intentional insult with intent to provoke breach of peace, rioting armed with deadly weapons and unlawful assembly---Appreciation of evidence---Non-conducting of post-mortem examination upon dead body of deceased---Continuous medical record and death certificate establishing causation of death---Accused were charged with committing the murder of the wife of the complainant's brother by firing---Record reflected that the injured was first treated at Civil Hospital D-(Dadu), then referred to another hospital at H-(Hyderabad) and ultimately shifted to Civil Hospital K-(Karachi), where she remained under medical care for six days and expired on 16.08.2012---Where death occurred after aprolonged period of treatment at a distant medical facility, non-conduct of post-mortem did not by itself cast any doubt upon the cause of death, particularly where the medical history was continuous, documented and unbroken---In the present case, the provisional medico-legal certificate issued at D-(Dadu), the injury report, the treatment papers from H-(Hyderabad) and K-(Karachi), and the death certificate collectively established, without ambiguity, that the deceased lady had died as a direct consequence of firearm injuries sustained during the incident---Nature, locale and severity of the wounds remained consistently documented throughout the deceased's medical treatment, and no material was brought on record to suggest any intervening cause of death---Accordingly, medical evidence left no room for doubt regarding causation of death and omission of post-mortem in those particular circumstances did not weaken the prosecution case in any manner---Circumstances established that the prosecution had proved its case beyond reasonable doubt; however, due to mitigating circumstances, the death sentence was converted into imprisonment for life---With said modification in sentence, appeal against conviction was dismissed, accordingly.

Parvaiz vs State Ss — 2026 YLR 1382 KARACHI-HIGH-COURT-SINDH

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