NASIR ABBAS vs State Ss — 2022 PCrLJ 109 LAHORE-HIGH-COURT-LAHORE

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NASIR ABBAS VS State Ss. 302, 324, 34, 337-F(i), 337-F(v) & 440---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, shajjah-i-khafifah, ghayr-jaifah, mischief committed after preparation made for causing death or hurt---Appreciation of evidence---Benefit of doubt---Delay of about four hours in lodging FIR---Scope---Prosecution case was that the accused party made firing upon complainant party, due to which one person died, while other received severe injuries hence the FIR---Motive behind the occurrence was that accused had a grudge against the deceased and injured person that they had arranged engagement of their brother with his sister---Record showed that the occurrence had taken place at 3:15 a.m. (night) and the matter was reported to the police on the next day at 07:15 a.m. i.e. after the delay of about four hours of the incident---Distance between police station and the place of occurrence was six kilometres---Complainant in cross-examination stated that he had been using mobile phone for the last ten years and the witnesses were also using mobile phone since then---Obviously they were travelling at night far away from their houses so there was every possibility that all the witnesses had mobile phones available with them---In that way, they could have easily made calls through their mobiles to the police at available police emergency numbers which were almost known to a person travelling---Prosecution failed to give any plausible reason for the said delay, in circumstances---Thus, the delay in setting the machinery of law into motion spoke volumes against the veracity of prosecution version---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

NASIR ABBAS vs State Ss — 2022 PCrLJ 109 LAHORE-HIGH-COURT-LAHORE

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