Law: Penal Code (XLV of 1860)

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 161,340(2),342,410,544A

Delay in Post-Mortem-----Delay of 18 to 36 hours in post-mortem examination on dead body of deceased indicates real possibility that delay had been caused for cooking up a false story and to manage eye-witnesses. 2016 SCMR 1763, ref. Post Mortem Examination----Purpose of--Purpose of post-mortem examination is always just to ascertain cause of death, number of injuries, locale of injuries, duration between injury and death and kind of weapon used--Report indicates that it was an unnatural death caused by fire-arm weapon yet it alone is not sufficient to raise finger towards any real culprit, thus, medical evidence lends no support to ocular account. Pakistan Penal Code, 1860 (XLV of 1860)----S. 302(b)--Conviction and sentence--Challenge to--Benefit of doubt--Witnesses of ocular account produced by prosecution could not qualify test of cross-examination and circumstances show some other picture of alleged occurrence--Firstly, inordinate delay in reporting matter to police i.e more than twenty-four hours without any explanation--Secondly, delay in post-mortem itself indicates that a false story had been cooked up for false implication of appellant--Thirdly, deceased being a political figure of area, news with regard to his murder that dead body remained unattended for two days has been mentioned in daily newspapers and that part of evidence has not been rebutted by prosecution--Fourthly, there was a foul smell in room where dead body was lying and it was in sitting position on cot-till arrival of police--Fifthly, Medical Officer had observed some ants on dead body, which shows that dead body remained unattended for sufficient time--According to evidence it was a blind murder committed by someone while entering into house of deceased and body remained unattended for long time when foul smell came out of house, someone had seen dead body and reported matter to heirs of deceased and police as well but claim of prosecution that they were present at time of occurrence and witnessed same is next to nothing--Motive part of occurrence has not been proved beyond reasonable shadow of doubt and recovery of weapon of offence remained inconsequential--There is no iota of…

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