BAKHT RAWAN vs State Ss — 2021 YLRN 79 PESHAWAR-HIGH-COURT

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BAKHT RAWAN VS State Ss. 302(b), 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Benefit of doubt---Delay in lodging the FIR---Scope---Accused was charged for committing murder of mother and sister-in-law of the complainant on the instigation of co-accused---Record showed that the occurrence was reported with apparent delay of one hour though the police station was at a distance of 1/2 Kilometre from the spot---On the other side, the deceased were brought to hospital after 3½ hours of lodging the report---If the maximum time of one hour consumed on recording the report and other documents was excluded, even then the prosecution had not explained that for what purpose the dead bodies were kept in the house for 2½ hours and not shifted to hospital soon after the report---Mentioned difference regarding the time of report and examination of the dead bodies by doctor indicated that the time of report mentioned in Murasila/FIR was fictitious and the actual time of report was suppressed by police at the time of recording the report---Circumstances established that the prosecution case was full of various inconsistencies of glaring nature which were sufficient to create several reasonable doubts in prudent mind qua the guilt of the accused---Appeal against conviction was allowed, in circumstances.

BAKHT RAWAN vs State Ss — 2021 YLRN 79 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported