Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 174 & 176---Inquest---Object---Purpose of an inquest is only to find out the cause of death of a person and not the person who, had caused the death. Chaman Lal v. The Emperor AIR 1940 Lab. 210 ref, (b) Criminal Procedure Code (V of 1898)--- ----S. 176---Inquest held by a Magistrate under S..176, Cr.P.C is an inquiry. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 176(2) & 439---Penal Code (XLV of 1860), S.302/34---Constitution of Pakistan (1973), Art.199---Exhumation of dead body---District Magistrate while allowing exhumation of dead body for fresh post-mortem examination without hearing the accused or the prosecution, had acted in defiance of the principles of natural justice, as he, while acting judicially in holding the enquiry, should have observed the norms of judicial proceedings and issued a notice of hearing to the accused and the prosecution---Since the order of District Magistrate was revisable and High Court had the inherent power to convert the proceedings of one type to be the proceedings of another kind, Constitutional petition was treated as revision petition and the order of District Magistrate was set aside with the direction to pass an order for exhumation of the dead body of the deceased in accordance with law. The State v. Ch. Altaf Hussain Magistrate 1st Class, Gujrat and 2 others PLD 1978 Lab. 1259; Chama-n Lal v. the Emperor AIR 1940 Lab. 210; Muhammad Ramzan v. The State 1987 SCMR 272 and Modi's Medical Jurisprudence, Chap. 4 ref. Ghulam Hussain v. District Magistrate 1992 PCr.LJ 1870 and Muhammad Anwar v. District Magistrate, Sahiwal 1991 PCr.LJ 806 fol. JUDGMENT This Constitutional petition has been filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 calling in question the order dated 22-8-1994 passed by the 'District Magistrate, Jhang, respondent No. 1 herein, and seeking a direction for exhumation of the dead body of.Mst. Khatoon for re-postmortem examination by the Medical Board of the District Headquarters Hospital, Jhang. 2. The facts, in brief, as narrated in the instant petition are; that six years ago, the petitioner No. 1 had…

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