Case Details

Citation(s)
2022 SLG 2013 2022 SLD 2013 2022 PLJ 927
Lahore High Court, Rawalpindi Bench, Rawalpindi
Crl. A. No. 306, 358 Crl. Rev. No. 84 of 2018, decisiondated: 21.10.2021. hearing date: 21.10.2021.
MUHAMMAD AMJAD RAFIQ, J.
Syed Zeeshan Haider, Advocate for Appellants.Rao Riaz Ahmad Khan, Deputy District Public Prosecutor for State.M/s. Malik Saeed Ijaz and Muhammad Sharif Bhatti, Advocates for Complainant.

KHIZER ABBAS etc.VSSTATE etc.

Law: Pakistan Penal Code, 1860

Section: 302(b)

Death due to throttling-- ----Medical observation--Observation of medical officer if on one side is considered that death was caused due to throttling then some symptoms on face, nose, lips or around neck should have appeared to support case of throttling--It is true in some cases of throttling no apparent marks of violence are visible yet in such cases death should have been occurred immediately due to closure of windpipe but PW-1/complainant stated that when they took deceased he was alive but unconscious and on their way to BV Hospital, Bahawalpur he died after 20-25 minutes of occurrence which shows that it was not a case of death due to immediate loss of breath.[P. 934] A Throttling-- ----Dr. C. K. Parikh in his Textbook of Medical Jurisprudence, Forensic Medicine and Toxicology defines throttling as a form of strangulation effected by hand, and is therefore often referred to as manual strangulation--The extent and character of these signs will depend in large measure upon rate of asphyxial process--In certain cases, signs of asphyxia may be very slight if death has supervened quickly from cardiac inhibition due to pressure on carotid nerve plexus--However, as is usual, when constricting force has been considerable, signs are well marked--In addition, following signs are also seen: The tongue may be bruised, bitten by teeth, and protruded--Bleeding from ears due to rupture of blood vessels of tympanum may be seen--There may be injuries on face, chest, etc, indicating a struggle--The face and eyes may show multiple petechial haemorrhages. The body temperature may rise. [P. 934] B C Dr. C.K. Parikh Text book Medical Jurisprudence. Death by throttling-- ----If death is caused by throttling, following would be medico-legal aspects: “Evidence of violent compression of neck during life is obtained from bruising due to thumb and fingers, nail marks, and swelling and lividity of face--In addition, further evidence is provided by bruising and laceration of larynx, windpipe, and muscles and vessels in front and sides of neck, and fracture of cornuae of laryngeal and occasionally hyoid.”[P. 938] D Dr. C.K. Parikh Text book Medical Jurisprudence. Neck hemorrhage--…
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