SHERA AND 4 Other vs THE STATE — 1957 PLD 669

Citation: 1957 PLD 669

Court: Lahore High Court

Year: 1969

Decision Date: 1969-10-30

Parties: SHERA AND 4 Other vs THE STATE

Headnotes

Case cited as PLD 1957 Lah. 669

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema, Bashir-ud-Din Ahmad Title: SHERA AND 4 Other vs THE STATE Case No.: Criminal Appeal No. 692 and Murder Reference No. 239 of 1968 Date of Judgment:1969-10-30 Reported As: PLD 1970 Lahore 735 Result: Case remanded JUDGMENT JUDGMENT BASHIRUDDIN AHMAD, J.---We need not go into the facts or the evidence against the appellants out of whom four have been sentenced to death and one to transportation for life for the murder of A.I Ahmad and Barkat in addition to imprisonment for one year each under section 324/149, P. P. C. For causing simple hurt with sharp-pointed weapon to Mian Khan and rigorous imprisonment for two years each under section 148 of the Pakistan Penal Code, as at the very outset, Mr. Slim, learned counsel for the appellants assailed the judgment of the learned Additional Sessions Judge on the ground that the prosecution failed to prove strictly that Dr. Sajjad Ahmad Awan, who conducted the post-mortem examination was out of Pakistan, secondly, that Dr. Abdul Haq Malik, who was called as the 7th witness for the prosecution simply referred to the carbon copies of the post-mortem examination reports which are technically not evidence and, thirdly, that the cause of death could no be ascertained by the Court by looking at the post-mortem examina--petition reports, but had to be proved from the mouth of the doctor who held the autopsy. In view of the importance of the questions raised, the Assistant…

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