2025 P Cr (PLP)
Muhammad Waqar — Petitioner Versus The State and others — Respondents
| Citation | 2025 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Muhammad Waqar — Petitioner Versus The State and others — Respondents |
| Primary Law | (b) Medical jurisprudence, (a) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2025 P Cr (PLP)?
This judgment primarily cites: (b) Medical jurisprudence, (a) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2025 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2025 P Cr (PLP) (Muhammad Waqar — Petitioner Versus The State and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shabbir Ahmad Mughal for Petitioner.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss.302, 148 & 149
Qatl-i-amd, unlawful assembly
Allegation against the petitioner was that he, along with his co-accused, after subjecting the complainant s son to torture dragged, forcibly pushed and drowned him (deceased) into the pool of a tube well
Petitioner / accused was specifically named in the FIR
Two prosecution witnesses had recorded statements under S.161, Cr.P.C., supporting the prosecution s case
Concerned Medical Officer conducted deceased s postmortem and confirmed that the cause of death was drowning, thereby substantiating the ocular account
In the present case, the Investigating Officer collected control water for diatoms and fixatives (10% formalin)
Based on histopathological findings, rendered in report of Punjab Forensic Science Agency, the Forensic Histopathologist has concluded that it was a case of ante-mortem drowning
Thus, the ocular account provided by the prosecution witnesses was corroborated by both medical evidence and the forensic report
Furthermore, the police investigation had concluded that the petitioner committed the alleged offence
Bail was declined to the petitioner / accused, in circumstances.
Drowning
Diatom test
Scope
Diatom test is an effective method for determining whether death was caused by drowning
When a person is alive and death occurs due to drowning, referred to as ante-mortem drowning, it means the individual inhaled water while their mouth and nose were submerged
During this process, diatoms present in the water enter the lungs and, through blood circulation, reach the liver or other organs as blood continues to flow in the arteries and veins
In such cases, both the diatoms in the control water sample and those in the deceased s liver test positive
On the other hand, if the individual was already dead before entering the water, the lungs may contain diatoms, but the liver will not test positive for diatoms because blood circulation ceases after death
In this scenario, diatoms in the control water sample test positive, whereas those in the deceased s liver test negative as explained by Modi in A Textbook of Medical Jurisprudence and Toxicology, 27th Edn., p. 606-7.
Judgment & Decree
Tariq Saleem Sheikh, J.
Through this application, the Petitioner seeks post-arrest bail in case FIR No.934/2024 dated 28.03.2024 registered at Police Station Saddar Kasur, District Kasur, for offences under sections 302, 148 and 149, P.P.C.
2. The allegation against the Petitioner is that on 26.03.2024, he, along with his co-accused, subjected the Complainant s son, Umar Farooq, to torture at the dera of Col. Farooq Bahadur. They then dragged him to the pool of a tube well located there, forcibly pushed him into it, and drowned him.
3. Arguments heard. Record perused.
4. The Petitioner is specifically named in the FIR. PWs Muhammad Arshad and Imran have recorded statements under section 161 Cr.P.C., supporting the prosecution s case. On 29.03.2024, Dr. Muhammad Awais Qarni, Medical Officer at DHQ Hospital, Kasur, conducted Umar s postmortem and confirmed that the cause of death was drowning, thereby substantiating the ocular account.
5. The diatom test is an effective method for determining whether death was caused by drowning. When a person is alive, and death occurs due to true drowning, referred to as ante-mortem drowning, it means the individual inhaled water while their mouth and nose were submerged. During this process, diatoms present in the water enter the lungs and, through blood circulation, reach the liver or other organs as blood continues to flow in the arteries and veins. In such cases, both the diatoms in the control water sample and those in the deceased s liver test positive. On the other hand, if the individual was already dead before entering the water, the lungs may contain diatoms, but the liver will not test positive for diatoms because blood circulation ceases after death. In this scenario, diatoms in the control water sample test positive, whereas those in the deceased s liver test negative. Modi explains the diatom test as follows:[1] Finding of diatoms by microscopic examination of tissues like brain, liver or bone marrow from the femur or humerus, after acid digestion is also helpful in confirming death from drowning. Diatoms are a class of tiny unicellular algae of different shapes found in fresh or seawater. There are about 15,000 types of diatoms of which half are found in fresh water and the rest in seawater. They may be fan shaped (stellate), ribbon like and seen singly or in groups. They vary in size from 2m-1.0 millimetre, the usual size being 10.80m. They have hard siliceous, almost indestructible outer covering (frustule) and can pass through the alveolar walls of the lungs of a living person to the brain, liver and bone marrow.
6. In this case, the Investigating Officer collected control water for diatoms and fixatives (10% formalin).
7. During Umar s postmortem, Dr. Muhammad Awais Qarni took out portions of the deceased s heart, lung, kidney, brain, and liver. He sealed them in separate jars and sent them to the Punjab Forensic Science Agency, Lahore (PFSA), for analysis. The PFSA s report dated 11.06.2024 gives the following histopathological findings: Histological examination of heart sections reveals patent coronaries. The myocardium sections are unremarkable. The lung sections reveal vascular congestion and presence of edematous fluid inside alveoli. The sections from liver reveal no pathological changes. The renal sections reveal renal tissue congestion and associated hemorrhages inside renal tissue. The brain tissue sections reveal congested blood vessels. Cytological examination of specially prepared smears from liver for Diatoms is positive and matched with present Diatoms in control water. Based on the above findings, the Forensic Histopathologist has concluded that this is a case of ante-mortem drowning.
8. In this case, the ocular account provided by the prosecution witnesses is corroborated by both medical evidence and the forensic report. Furthermore, the police investigation has concluded that the Petitioner committed the alleged offence.
9. This application has no merit and is, therefore, dismissed.
10. The learned trial court shall decide the case on the basis of the evidence adduced before it without being prejudiced with this order. MQ/M-5/L Bail refused. [1] Modi, A Textbook of Medical Jurisprudence and Toxicology, 27th Edn., p. 606-7.