Creates doubt about the genuineness of the version given by the complainant

 The dimension of the injury was not result of 12 bore pump action gun. This also creates doubt about the genuineness of the version given by the complainant-Muhammad Abbas (PW-4) and Muhammad Shahbaz (PW-5). It is by now well settled law that medical evidence can only indicate that the deceased had lost his life due to certain injuries but it does not lead to the culprits. Reliance is placed on the judgment of august Supreme Court of Pakistan in the case of “Mursal Kazmi alias Qamar Shah and another v. The State” (2009 SCMR 1410); wherein it was held as under:- 

“---Medical evidence had only indicated that the deceased had lost his life due to fire-arm injury, but it did not lead to the culprits---No crime-empties having been recovered from the spot, recovery of fire-arm from the accused was inconsequential---Accused were acquitted in these circumstances”.

Part of Judgment

THE LAHORE HIGH COURT, LAHORE JUDICIAL DEPARTMENT 

Criminal Appeal
1390-14

2016 LHC 4015