Evidence against the accused was Credible i.e. Eyewitness Testimonies, Medical Findings, and a Forensic Analysis --- Lahore High Court Denies Bail in a Murder Case
Islamabad 13-12-2024: The Lahore High Court dismissed a post-arrest bail application filed by Muhammad Waqar, who is accused of murdering a young man, Umar Farooq, by drowning him. The decision was rendered by Mr. Justice Tariq Saleem Sheikh in the case titled Muhammad Waqar Vs. The State, linked to [FIR No. 934/2024], registered under Sections 302, 148, and 149 of the Pakistan Penal Code (PPC) at Police Station Saddar, Kasur.
According to the prosecution, the Petitioner, along with co-accused, allegedly tortured Umar Farooq before forcibly drowning him in a pool of a tube well on March 26, 2024. The incident was reported in the FIR lodged by the victim’s father.
Prosecution witnesses, Muhammad Arshad and Imran, recorded statements under Section 161 of the Code of Criminal Procedure (CrPC), corroborating the allegations.
The postmortem conducted by Dr. Muhammad Awais Qarni revealed that drowning was the cause of death, supported by findings of vascular congestion and fluid accumulation in the lungs.
A diatom test conducted by the Punjab Forensic Science Agency (PFSA) confirmed the presence of diatoms in the victim’s liver, matching the diatoms from the water sample at the crime scene. This proved that the drowning was ante-mortem.
The judgment cited Modi’s A Textbook of Medical Jurisprudence and Toxicology as a reference for the diatom test methodology, which distinguishes ante-mortem from post-mortem drowning.
Mr. Justice Tariq Saleem Sheikh concluded that the evidence against the accused was credible, including consistent eyewitness accounts, medical findings, and forensic analysis. The Court ruled that the bail application lacked merit and dismissed it.
The judge further directed the trial Court to decide the case based on the evidence presented during the trial, emphasizing that this order should not prejudice the trial proceedings.
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