ABDUL WAHID vs State Ss — 2021 YLR 913 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 YLR 913 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: YLR
Parties: ABDUL WAHID vs State Ss
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ABDUL WAHID VS State Ss. 302(b), 324, 109, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Delay of about six hours and forty minutes in lodging the FIR---Effect---Prosecution case was that the accused party made firing upon the complainant party, which resulted into instantaneous death of deceased on the spot and injuries to other members of the complainant party---Record transpired that the injured witnesses and deceased were examined by Medical Officer before lodging the FIR---Medical Officer stated that on 06.05.2018 at 12:45 p.m., dead body of the deceased was examined and on the same date the injured witnesses were also examined at 12:40, 12:50, 1:00 and 1:10 p.m. respectively---Occurrence took place on 06.05.2018 at 10:30 a.m. but the matter was reported same day at 5:10 p.m.---Fact remained that the place of occurrence was at a distance of 41 kilometres from Levies Thana---High Court observed that FIR was lodged with delay of six hours and forty minutes, after deliberation and consultation for the reason that the prosecution waited for the medical reports and after obtaining same the prosecution witnesses attributed role to each accused---Said fact created serious doubt in the prosecution story that why the report was not lodged promptly---Appeal against convction was allowed, in circumstances.

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