14. According to the detail of the actual event, the deceased
received firearm injury in her bed room. According to
Muhammad Afzal (PW.7), the shot was fired by Muhammad
Rizwan while standing outside the room. According to the site
plan (Exh.CW1/13), the shot was fired from a distance of about
10-feet. A close look of the statement of lady Doctor Huma
Mustafa (PW.8) reveals that during postmortem examination,
not only she noted blackening around the entry wound, she also
observed burning and blackening marks around the
corresponding hole on the shirt of the deceased. Since, this
feature of the case was contrary to the case of the prosecution,
hence, a frail attempt was made to cover this lacuna. It is noted with concern that neither at investigation stage nor during trial,
the complainant ever challenged the site plan. Instead it spells
out from the record that the Investigating Officer of the case
after realizing that it negates the case of the complainant, he
tried to plug this lacuna by approaching the Medical Officer
with an application (Exh.PL), whereupon she opined that the
shot was fired from a distance of three meters. I am constrained
to hold that since such an opinion of the doctor is contrary to
the well-settled principles of medical jurisprudence as well as
of ballistic science, hence, is destined to be discarded.
According to the medical jurisprudence, the blackening occurs
when a shot is fired from a distance of 6 to 12 inches and
vanishes if the distance is more than three feet. In support of
such opinion, reference can be made to “A Text Book of
Forensic Medicine and Toxicology” authored by Dr. S.
Siddiq Husain, wherein he opined as under:-
“(2) Discharge at 6-12”. Effect of hot gases is lost. So
there is no tearing of skin, wound is round and of the size
of bullet, edges, inverted and surrounded by a zone of
varying blackening and tattooing, there little burning only
a grease ring due to oil and graphite is likely to be found.
Clothing may show blast damage.
(3) At 2-3 feet. No burning and tattooing becomes
more discreet.
(4) Beyond 3 feet. No blackening, burning or
tattooing.”
Even “Jaising P. Modi in his book Medical
Jurisprudence and Toxicology 24th Edition” is found to be in
consensus with above-mentioned view of Dr. S. Siddique
Husain. Last but not the least, the Hon’ble Supreme Court of
Pakistan has also expressed almost similar view in the case of
Amin Ali and another v. The State (2011 SCMR 323).
Part Of Judgment
IN THE LAHORE HIGH COURT BAHAWALPUR BENCH
Criminal Appeal
426-14
IN THE LAHORE HIGH COURT BAHAWALPUR BENCH
Criminal Appeal
426-14
| 2017 LHC 3491 |
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