Law: Pakistan Penal Code (PPC),1860

Section: 302, 34, 324

Law: Code of Criminal Procedure, 1898

Section: 161, 497

 Case Summary

The petitioner sought post-arrest bail under Section 497 Cr.P.C. in an FIR registered under Sections 302, 324, and 34 PPC for allegedly causing the death of the complainant's brother and injuring another person during a physical assault.

The petitioner was specifically alleged to have inflicted brick blows on the forehead and back of the deceased's head. Although the postmortem report concluded that the injuries were not independently sufficient to cause death, the medical expert opined that the deceased died from an acute cardiac event triggered by the physical altercation. The deceased already suffered from a pre-existing heart disease, and the stress caused by the assault led to a fatal catecholamine surge resulting in sudden respiratory collapse.

The High Court held that the case attracted the "Eggshell Skull Rule," under which an accused must take the victim as he finds him. Therefore, the petitioner could not escape criminal liability merely because the deceased had a vulnerable medical condition. Since the assault materially contributed to the death, the issue of the petitioner's ultimate liability was a matter for trial.