Case Details

Citation(s)
2025 SLG 3518 2025 SLD 3518 = 2025 YLR 1244
Lahore High Court
Criminal Appeals Nos. 18434-J and 8865-J of 2020 and Criminal Revision No. 5874 of 2020, heard on 21st January, 2025.
Before Ali Baqar Najafi, J
Mehram Ali Bali and Ch. Tariq Mehmood Ghumman for Appellant. Syeda Feroza Rubab, Defence Counsel. Abdul Samad, APG for the State. Malik Muhammad Siddique Awan and Rana Bashir Ahmed for the Complainant.

SAJJAD alias Mani---Appellant

VERSUS

The STATE and others---Respondents

Law: Penal Code (XLV of 1860)

Section: 302(b),324,337F(i),337F(ii),148,149

(a) Penal Code (XLV of 1860)-------Ss. 302(b), 324, 337-F(i), 337-F(ii), 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, damiyah, causing badi'ah, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Un-natural conduct of the complainant and his brother/injured---Accused were charged for committing murder of the son of complainant and causing injuries to the complainant and his brother by inflicting dagger blows---Record showed that complainant/father of deceased lodged the FIR but he admitted that someone from their village had informed the police about the occurrence which fact was unexplained--Complainant claimed to have made his efforts to save the deceased from the onslaught by the two assailants during which he also sustained minor injuries, but his blood stained clothes could not be verified by the Forensic Science Agency as stained with blood---Alleged recovery memo. of said clothes was not sent to laboratory---Besides, it appeared very un-natural conduct on the part of the complainant and his brother who rushed to the hospital after sustaining minor injuries on the non-vital part of their bodies without taking the deceased with them---Appeal against conviction was allowed, in circumstances.Amin Ali and another v. The State 2011 SCMR 323; Muhammad Asif v. The State 2017 SCMR 486 and PLD 2015 SC 249 ref.(b) Penal Code (XLV of 1860)-------Ss. 302(b), 324, 337-F(i), 337-F(ii), 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, damiyah, causing badi'ah, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Medical evidence contradicting prosecution's version---Accused were charged for committing murder of the son of complainant and causing injuries to the complainant and his brother by inflicting dagger blows---If deceased had died immediately after sustaining injuries making it a futile effort to take him to the hospital, then question was why did Medical Officer state that the injuries sustained by deceased were not dangerous and that the time between the death and injury was 35 minutes and that he could have been saved had he been properly provided first aid---Medical Officer did…
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