Talib vs State Ss — 2026 YLR 640 FEDERAL-SHARIAT-COURT

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Talib VS State Ss. 302(b), 396, 337-H(2), 148 & 149---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(4)---Qatl-i-amd, dacoity with murder, rash or negligent act to endanger human life or personal safety of others, rioting armed with deadly weapons, unlawful assembly, harabbah---appreciation of evidence---Benefit of doubt---Medical evidence doubtful---accused were charged for attempting to take away the cattle upon which brother of complainant made resistance; thereafter he was murdered by the accused persons through firing---Medical Officer observed six entry wounds on the dead body vide post-mortem report---Post-mortem report was not accompanied with the pictorial part which could show the locale of injuries---It was admitted by the Medical Officer in his cross-examination and was evident from post-mortem examination report, that the column of time of the commencement of post-mortem examination was blank---Medical Officer also admitted it correct that in the post-mortem report it had not been mentioned that he had received the dead body at 01:15 p.m.---Said witness observed the presence of blackening on the entry wound Nos. 1 and 4 and during cross-examination stated that "as per his expert opinion, deceased had sustained all the injuries from his front side from the distance of about 10 feet"---Whereas injury Nos. 6 and 8 were muscle deep on right and left shoulder respectively but the Medical Officer had not taken out any lead material, on dissection from the said injuries---Therefore, the medical evidence was not available for determining the kind of weapon like gun or the rifle or the injuries caused with bullet or with the pellets---Medical Officer had not stated a word about the availability of corresponding holes or blackening on the last worn clothes of the deceased taken into possession vide Mashirnama, the said Mashirnama also contained no such marks on the detail of apparels mentioned therein---Medical Officer did not claim signing of the apparels of the deceased, which otherwise he was duty bound to mark the corresponding holes and to sign the same---Post-mortem examination report contained that the dead body was identified by cousins of deceased before the Medical Officer at the time of post-mortem examination but none of the said persons appeared in Court as a prosecution witnesses for confirming that fact---Finding of the Medical Officer was that the assailants were at ten feet distance from the victim at the time of firing, whereas Tapedar vide his site plan stated a distance of 40-feet where from the accused persons had fired upon the deceased---appeal against conviction was allowed, in circumstances.

Talib vs State Ss — 2026 YLR 640 FEDERAL-SHARIAT-COURT

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