Law: Criminal Law Amendment Act, 1908

Section: 22-A,22-B,30,176

Law: Constitution of Pakistan, 1973

Section: 199

Law: Pakistan Penal Code, 1860

Section: 302

Criminal Procedure Code (V of 1898) --------- ----------S. 176 --------- Penal Code (XLV of 1860), S. 302 --------- Constitution of Pakistan, Art. 199 --------- Constitutional petition --------- Qatl-i-amd --------- Application for exhumation of dead body --------- Power to disinter corpses --------- Time for disinterment of dead body --------- Principles --------- Inquest report, preparation of --------- Cause of death --------- Determination --------- Requirement --------- Accused was alleged to have killed his wife through physical violence --------- Accused took plea that deceased had committed suicide by taking poison --------- Complainant filed application under S. 176, Cr.P.C. for exhumation of dead body of deceased, which was dismissed by Trial Court, but revisional court ordered disinterment of dead body of deceased for re-examination on ground that cause of death was still unknown --------- Contention raised by accused was that more than a year had elapsed since burial of deceased, so exhumation and re-examination of dead body could not reveal any mark of alleged violence --------- Held, deceased had admittedly died unnaturally --------- Medical Officer, having been informed by police that it was case of poison intake, might have shown lethargy in minutely examining dead body and in process over-looked marks of violence on that --------- Forensic report had categorically concluded that no poison could be detected in liver and stomach --------- Forensic report had ruled out possibility of deceased having committed suicide --------- Medical Officer could not find any traces of pathology during process of autopsy, nor could she find any signs of malfunctioning of heart, which lead to strong probability that her death was not natural phenomenon --------- Inquest report under S. 176, Cr.P.C. had to be taken to ascertain cause of death of deceased --------- First examination remained unconcluded as cause of death remained unknown --------- Mystery as to cause of death of deceased had to resolve, which was possibly only if her dead body was allowed to be disinterred and re-examined --------- No time limit was fixed by law for disinterment of dead body to…

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