2024 YLR 1892
Asjad Mehmood vs State
Defective investigation---Accused was charged for committing murder of the daughter of the complainant by firing---Prosecution's version was that the death information was received at 06:00 a.m., but column No. 3 of the inquest report revealed that the date and time of receiving information of death were 21.12.2009 at 04:00/05:00 a.m.---As per the prosecution case, fard bayan was written at 06:00 a.m., and in column No.4 of the inquest report, names of the persons who identified the dead body at the time of the inquest were mentioned---If it was so, it was required to be explained by Investigating Officer, by plausible evidence on the record as to how the inquest was undertaken at 04:00/05:00 a.m. in the presence of witness, who was called from another place and proceeded at about 08:30 a.m. and directly went to THQ Hospital---Investigating Officer deposed that on 21.12.2009 he received the information of occurrence in village---After that, Investigating Officer along with other Police Officials proceeded to the place of occurrence; recorded fard bayan; prepared an inquest report and an injury statement and entrusted the dead body of the deceased to Police Constable for taking to the mortuary for postmortem examination---If Investigating Officer reached the place of occurrence upon receiving information, then the complainant had met with her and recorded fardbayyan and he prepared an injury statement---On perusal of the injury statement, it revealed that space was left blank after mentioning "Banam" and it revealed that till preparation of the injury statement, fardbayyan was not prepared---Under Column No. 24 of the Inquest Report, a sketch plan of where the dead body was found was not given---Investigating Officer had not prepared a drawing of where the dead body was lying and its condition but left it blank---Conduct of the Investigating Officer and his investigation of the case was not above board---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt-
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