Determining time of death of deceased

2013 YLR 248 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss. 497(2) & 526Penal Code (XLV of 1860), S. 322Qatl-bis-sababBail, grant ofFurther inquiryTransfer of caseDetermining time of death of deceasedMethodScope

Allegation against the accused persons was that they committed rape with the victim and took her photographs with a mobile phone before murdering her

Victim's body was found in a well

Contentions of the accused persons were that investigation into the case revealed that the victim's family suspected her of having illicit relations with the accused persons because of which she was murdered by her own family; that post-mortem report of the victim indicated that her death had occurred at about 11 am, whereas the F.I.R. alleged that it had occurred at about 8 am, and that pre-arrest bail application of the accused persons was refused by Trial Court with observations that showed a predisposition of mind, therefore, the case should be transferred to any other court

Contention of the complainant party was that they had not murdered the victim for allegedly having illicit relations with the accused persons because if that was the case then under the tradition of Karo Kari both the victim and accused persons would have been murdered

Validity

Contention of the complainant party regarding Karo Kari was of no relevance because it would be axiomatic to say that if only one was murdered and not both, the story must not be believed

Regarding contention of accused persons with regard to time of death, normal method of determining time of death was through measurement of body temperature and state of rigor mortis

When at the time of recovery, body was not in ambient temperature but either had elevated or reduced temperature, the rigor mortis and drop in temperature would vary accordingly

Since in the present case body was recovered from a well, therefore, it was yet to be seen whether the time described in the postmortem report, for water in a well in the month of July, was a true indicator of the time of death giving the fact that temperature of water was less than the temperature of air

Mobile phone with which the accused persons allegedly took photographs of the victim was not available on record

Medical report was also silent with regard to the alleged rape of the victim

Similarly there was no evidence that accused persons murdered her and threw her in the well

Case was one of further inquiry

Accused persons were allowed bail.