Inquiry into cause of death
Inquiry into cause of death legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Medical report revealed that brother of petitioner died due to injuries caused by sharp edged weapon, hypovolemic shock and excessive bleeding
Trial Court allowed application of accused for disinterment of corpus to obtain a part of deceased's body for DNA test
Validity
Purpose of investigation under S.174, Cr.P.C. or inquiry under S.176, Cr.P.C. was only to ensure that no offence had been committed in connection with death of a person
Such investigation or inquiry could not be carried out for the purpose to determine crime weapon used in commission of offence or seat of injuries on the person of deceased
Medical expert could safely opine that specific injury was inflicted by which kind of weapon
Investigation or inquiry under Ss.174 & 176, Cr.P.C. and exhumation of dead body could only be allowed if real cause of death was shrouded in mystery
Provision of S.176, Cr.P.C. related to death of a person while in custody of police but not in case of death out of custody of police
Magistrate could only cause any dead body disinterred, whenever he considered it expedient for discovering cause of death and was not obliged to do the same, as request of accused for academic purposes, that too, after a delay of about 18 months
Disinterment of dead body was not inevitable and application was filed by accused only for determination of academic questions and trial Court had fallen in error while allowing the same
High Court in exercise of revisional jurisdiction set aside the order passed by trial Court
Revision was allowed in circumstances.
"Inquiry into cause of death", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124944366
Precedents & Case Laws citing "Inquiry into cause of death"
1973 P Cr
MUHAMMAD ANWAR — Pettioner Versus Sheikh QURBAN ALI AND 3 OTHERS — Petitioner
Court: LahoreP L D 2002 Lahore 78
MUMTAZ HUSSAIN ‑‑‑Petitioner Versus DEPUTY INSPECTOR‑GENERAL, FAISALABAD and 7 others‑‑‑Respondents
Court: ‑‑‑‑Ss. 154, 174, 176 & Chap. XIV Ss. 154 to 176‑‑F.I.R., registration of‑‑‑Death caused in police custody‑‑‑Judicial inquiry‑‑‑Opinion of Inquiry Officer‑‑‑Effect‑‑‑Registration of criminal case is independent right of aggrieved person‑‑‑Such person can report the matter to incharge of concerned police station, who is bound under S.154, Cr:P.C. to record his report and conduct investigation in accordance with law‑‑‑Opinion qua the cause of death is not binding on police officer holding investigation under Chap. XIV, Cr.P.C. or Court of law holding trial of accused person‑‑ Inquiry report may be relied upon by prosecution or defence and may be given due weight if the conclusions arrived at by the Magistrate are consistent with the evidence brought on record‑‑‑During investigation or trial, police officer or Court of law, as the case may be, can legitimately arrive at a contrary finding in the light of evidence brought on record.1996 P Cr
Mst. GHAZALA BEGUM and others‑‑‑Petitioners Versus THE DISTRICT MAGISTRATE, KHANEWAL and others‑‑‑Respondents
Court: Lahore2010 M L D 5
MUHAMMAD TUFAIL — Petitioner Versus ADDITIONAL SESSIONS JUDGE — Respondent
Court: LahoreP L D 2014 Balochistan 50
Haji ABDUL HAMEED — Petitioner Versus RAZ MUHAMMAD and another — Respondents
Court: High CourtP L D 1957 (W
KHUDA BAKHSH‑Petitioner Versus 1. PROVINCE OF WEST PAKISTAN
Court: High Court2018 P Cr
ABDUL GHANI — Petitioner Versus IST JUDICIAL MAGISTRATE, TANDO ADAM and 3 others — Respondents
Court: Sindh (Hyderabad Bench)1999 M L D 2280
Mst. UMTUL JAMIL alias FAKHRA — Petitioner Versus DISTRICT MAGISTRATE/DEPUTY COMMISSIONER, FAISALABAD and 3 others — Respondents
Court: Lahore2024 P Cr
Wajid Usman and another — Petitioners Versus Qabil Khan and others — Respondents
Court: Peshawar2010 Y L R 2536
MUHAMMAD YUSUF — Petitioner Versus Malik KHIZAR HAYAT KHAN and 6 others — Respondents
Court: Lahore