Opined that time between injuries and death was immediate and time between death and postmortem examination was six hours

Dr. Javed Akhtar (PW-6) opined that time between injuries and death was immediate and time between death and postmortem examination was six hours. The medical evidence contradicted ocular account. It seems to be strange that allegedly the occurrence took place at 03.00 P.M., this fact of delay is further being strengthened from Inquest Report (Ex.PP), as per column No.11 of the inquest report, it has been mentioned by the police officials that blood was frozen and did not mention the number of the first information report on the surface of inquest report which lost the truth-fullness of the prosecution version. In the attending circumstances, we are constrained to the opinion that if probable duration of death from postmortem to be considered within six hours then the death might has been caused in between 11/12.00 am, and this fact does not corroborate the ocular evidence, deposed by the eyewitnesses. These variations speak at volume regarding to the authenticity of prosecution story. The creation of doubt was further supported by the inquest report (Ex.PP), wherein it has been categorically mentioned that the blood was found frozen. Reliance can be placed on the cases of Abid Ali and 2 others versus The State (2011 SCMR 208), Amin Ali and another versus The State (2011 SCMR 323) and Nasima Bibi versus The State through Advocate-General and another (2008 P.Cr.L.J. 613)

Part of Judgment

THE LAHORE HIGH COURT, LAHORE

Murder Reference
642-10

2015 LHC 7528