2007 PLP 378 (YLR)
SHAH BARAT and another — Petitioners Versus THE STATE — Respondent
| Citation | 2007 PLP 378 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Khawaja Muhammad Sharif, J |
| Parties | SHAH BARAT and another — Petitioners Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 378 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 378 (YLR)?
The case was heard and decided by the Lahore bench comprising: Khawaja Muhammad Sharif, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 378 (YLR) (SHAH BARAT and another — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Amir Khan Niazi for Petitioner.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), S.302
Post-mortem examination revealed that no mark of violence was seen on any part of the body of deceased, which had belied prosecution case
Report of Bacteriologist was that no histological sections could he taken hence no opinion could he expressed in the case
Case being of further inquiry, accused was admitted to bail. Malik Muhammad Imtiaz Mahi for the Complainant. Muhammad Tariq Hanif for the State. Sher Afzal, A.S.-I.
Judgment & Decree
KHAWAJA MUHAMMAD SHARI.F, J.
Occurrence in this case had taken place on 5-1-2006 at 10-00 a.m. while the matter was reported to the police on the same day at 11-00 a.m. by Maqbool Hussain complainant. Allegation against the petitioners was that Akhtar Muhammad petitioner, who was empty-handed, firstly raised "Lalkara" and then caught hold the deceased from his collar and thereafter, Shah Barat petitioner, who was armed with "Sota" pressed the testical of the deceased, who fell down and died at the spot, thereafter, post-mortem examination oh the dead body of the deceased, who was 70 years of age, was conducted, which shows that there was no mark of violence seen on any part of the body of the deceased, which belies the prosecution case.
2. Learned counsel for the complainant has submitted Photostat copy of the report of Bacteriologist Government of the Punjab, Health Department, which is reproduced below: "Received heart without fixative. The submitted specimen was found totally autolysed on gross that no histological sections could be taken hence no opinion can be expressed."
3. The above said report shows that no opinion can be expressed in this case. As no mark of violence on any part of the body of the deceased has been seen, so it belies the prosecution case. In this view of the matter, a case of further inquiry, falling under sub-clause (2) of section 497, Cr.P.C. is made out in favour of the petitioner, therefore, this petition is accepted. Petitioners are allowed bail subject to furnishing bail bonds to the tune of Rs.1,00,000 (one lac) each with two sureties each in the like-amount to the satisfaction of Deputy Registrar (Judi.) of this Court. H.B.T./S-140/L Bail granted.