Shahid alias Shahidi vs State Ss — 2026 YLR 27 LAHORE-HIGH-COURT-LAHORE

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

Shahid alias Shahidi VS State Ss. 302(b), 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Benefit of doubt---Delay of nine hours in conducting the postmortem upon the dead body of the deceased---Consequential---Accused were charged for committing murder of the mother of complainant by firing---Although as per contents of the FIR, the occurrence took place on 02.10.2019 at 06.30 p.m. and was alleged to have been seen by eye-witnesses and the matter was reported to the police on the same day at 09:40 p.m., but postmortem examination on the dead body of deceased was conducted on 03.10.2019 at 03:20 a.m., i.e., with the delay of 09 hours---In the postmortem report of deceased, the Medical Officer who conducted postmortem examination on the dead body of the deceased had mentioned probable time between injuries and death as immediate whereas between death and postmortem as 6 to 12 hours---Complainant, in his examination-in-chief, stated that dead body of deceased remained present at the place of occurrence for about 3 ¾ hours and no one lifted it till such period from the place of occurrence---Investigating Officer, in his cross-examination, stated that he reached at the place of occurrence at 10:20/10:25 p.m. and thereafter he conducted investigation at the place of occurrence---Thus, there was obvious delay in sending the dead body to mortuary, as according to postmortem report the police papers were received at 03:15 a.m. at the mortuary and thereafter postmortem examination was conducted at 03:20 a.m.---Keeping in mind that complainant and eye-witness were closely related inter-se to the deceased and also the fact that both those witnesses of ocular account were the residents of the same vicinity, in such asituation if these witnesses were present at the place of occurrence and also witnessed the scene of occurrence then such an inordinate and unexplained delay would never have occurred---So it was also a case of delayed postmortem, which casted serious doubt and the inference could be drawn that the intervening period was consumed in fabricating the prosecution story after the preliminary investigation, otherwise there was no justification for conveying the dead body in the mortuary on the next day at 3.20 a.m., and as to what happened in between, which delayed the postmortem examination for about 09 hours---No explanation at all was available on record for such delay---No doubt, the noticeable delay in post mortem examination of the dead body was generally suggestive of a real possibility that time had been consumed by the police in procuring and planting eye-witnesses before preparing police papers necessary for the same---Appeal against conviction was allowed, in circumstances.

Shahid alias Shahidi vs State Ss — 2026 YLR 27 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2026 YLR