Law:

Section:

Criminal Procedure Code (V of 1898) --------- ----------Ss. 174 & 176(2) --------- Constitution of Pakistan Art. 199 --------- Constitutional petition --------- Cause of death, determination of --------- Exhumation of dead body --------- Scope --------- Plea raised by petitioner was that exhumation of dead body of her daughter-in-law was required so as to ascertain cause of death of deceased --------- Validity --------- Mere fact that Investigating Officer mentioned two firearm injuries on the head of deceased lady in injury statement and Woman Medical Officer mentioned six other blunt weapon injuries on various parts of her body did not mean that postmortem examination report had unscrupulously been drawn by doctor --------- Blunt weapon injuries were merely some scratches on or around the neck with a couple of abrasions and contused swellings on such parts of her body which were covered under her dress, hence, could not have been examined by Investigating Officer, as morality did not permit it --------- Woman Medical Officer was in a far better position to examine dead body from all sides and whatever she noticed in such process, she mentioned it in the necropsy report and she did nothing wrong --------- High Court declined to allow exhumation of dead body on such discrepancy in injury statement prepared by Investigating Officer as she was buried on 7-1-2015 and her dead body might have been reduced to a skeleton by then and exhumation of dead body would be an exercise in futility --------- Power to exhume dead body as envisaged by Ss.174 & 176, Cr.P.C., could not be exercised merely on the whims of a person --------- Inquest held by police in the earlier instance and the postmortem examination report left nothing to speculate about cause of death, as it stood unequivocally established --------- Order passed by Magistrate prohibiting second postmortem examination was within his competence and order passed by Lower Appellate Court in revisional jurisdiction was equally unexceptionable --------- Petition was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: SHAHID HAMEED DAR, JUSTICE:---------- Through this petition under Article 199 of the…

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