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ZAMAN SHAH versus STATE


The testimonies of Section 302 (b), 338b and 338c murders, miscarriages and testimonies of testimony were also corroborated by the statement of the Lady Doctor, who performed a post-mortem examination on the body of the victim, while in charge, at 28 weeks. As a result of the death of the unborn child, the trial was left unanswered by the trial court. In section 230b (b), the accused convicted under PPC was sentenced to death for the deceased woman, but to the extent of the death of the 28-week-old infant, the trial court granted Section 338C, PPC pres. The accused was sentenced under section 338B, did not attract the provisions. PPC, which defined stabilization, because according to the medical jurisprudence, the heartbeat begins after 2 months, whereas after 180 days (six months), the baby is matched and so on. It can be estimated that the fetus lives longer than that. 6 months at the mercy of his mother, the Islamic interpretations of the child conceive that after 120 days, the Almighty breathed into the fetus, during this event, not only the woman of the deceased lost her life. , But also a male 7-month-old child, found unnatural death, and his death in the above scenario, filed by the trial court under section 338C, PPC conviction / section 338C, PPC Beyond the provisions of the sentence, the law was not able to maintain it in the eyes of the case. A remand was obtained in the trial court to record further evidence of the prosecution's relevant witnesses. And also provide defense opportunity for cross-examination. And then re-write the decision in writing in relation to the application of the relevant provisions of the Code of Conduct.

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