Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Crime report was lodged with promptitude and reflected the date and time of occurrence against the specific column which was part of the form---Parties had previous hostility between them---Conviction and sentence awarded to accused under S. 302(b), P.P.C. was maintained---Petition for leave to appeal was dismissed. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Post-mortem delayed by 12 to 24 hours---Not significant---In the present case, one person lost his life, and two sustained injuries, who were taken to a hospital which was at a distance of 30/40 kms from the place of occurrence---Consumption of time in transportation may have led to delay in postmortem examination which was good as the doctor had opined that proximately it ranged from twelve to twenty-four hours---Supreme Court observed that in a country like ours where the medical facilities and availability of paramedics was not an easy task, the consumption of such time in conducting postmortem seemed to be quite reasonable hence, the prosecution evidence could not be brushed aside on such score alone to extend the benefit of doubt to the accused---Conviction and sentence awarded to accused under S. 302(b), P.P.C. was maintained---Petition for leave to appeal was dismissed. JUDGMENT SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE:---.--- The petitioner has sought leave to appeal under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 against the judgment of Lahore High Court, Lahore dated 08.11.2017 in Murder Reference No.199/ 2015/Criminal Appeal No.328-J/2015. 2. The petitioner was arrayed one of the accused in case FIR No.693/2011 dated 15.11.2011 offence under sections 302/324/337-F(i), 337-F(vi)/34, P.P.C. registered with Police Station Sharakpur District Sheikhupura lodged at the instance of one Mehboob Alam. The complainant of this case being aggrieved by the conduct of local police investigation agency preferred to file "complaint" in the court of learned Sessions Judge, Sheikhupura titled as "Mehboob Alam v. Muhammad Asif and others" under sections…

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