NASEEB KHAN vs State Ss — 2021 PCrLJ 779 PESHAWAR-HIGH-COURT

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NASEEB KHAN VS State Ss. 302(b), 341, 427 & 34---Qatl-i-amd, wrongful restraint, mischief causing damage to the amount of fifty rupees, common intention---Appreciation of evidence---Benefit of doubt---Delay of about four hours and fifteen minutes in lodging the FIR---Effect---Accused was charged that he and co-accused committed murder of father of the complainant by firing---Previous blood feud was stated to be the motive for the commission of offence---Record showed that the time of occurrence had been mentioned as 11:30 a.m. while the time of report had been shown as 03:45 p.m. on the same day---First Information Report had then been registered on the basis of 'Murasila' at 06:20 p.m.---Distance of the place of occurrence from police station had been shown as 12/13 kilometres---First report of the occurrence had been lodged with delay of four hours and fifteen minutes---Such a delay had been tried to be explained by the complainant in the Murasila by stating that spot of occurrence had been a far of place from the police station as well as less acquaintance with the legal know-how---None of the given explanations appeared to be correct---Record showed that the police had arrived on the spot at 01:30 p.m., then why the complainant had failed in lodging report of the occurrence---Delay would naturally be fatal to the case of prosecution, in circumstances, as it was not only delay simplicitor but preliminary investigations had also been taken before lodging of first report of the occurrence---Circumstances established that the prosecution had failed to prove its case beyond reasonable doubt---Appeal against conviction was allowed, in circumstances.

NASEEB KHAN vs State Ss — 2021 PCrLJ 779 PESHAWAR-HIGH-COURT

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