GHULAM ALI MAGSI vs State Ss — 2022 MLD 1271 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 MLD 1271 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: MLD
Parties: GHULAM ALI MAGSI 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

GHULAM ALI MAGSI VS State Ss.302, 324, 506(ii), 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, criminal intimidation, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Appeal against acquittal---Delay of two days in lodging the FIR---Scope---Accused was charged that he along with co-accused perpetrated a murderous assault on the complainant and his relatives, due to which two relatives of the complainant were hit and died---First Information Report was registered with a delay of over two days---Police arrived immediately after the incident, collected blood-stained earth and empties and moved one of the dead bodies to hospital---Explanation offered for the delay in registration of the FIR was that the complainant party was preoccupied in the burial of the deceased and it was also stated generally that the complainant faced some security issues---However, in view of the complainant claiming to have been present at the scene of incident and at the hospital, the plea of preoccupation was not tenable and the other ground of insecurity was also not convincing as there was nothing on record to show that such an issue had ever been raised---Delay in registration of the FIR seemed to be purposeful and the element of exaggeration, malice and due deliberation, could not be ruled out---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal being devoid of merit, stand dismissed accordingly.

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