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MUHAMMAD WAQAS vs State S — 2022 PCrLJ 1530 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJ 1530 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
PCRLJ
Parties
MUHAMMAD WAQAS vs State S
Subject matter
Criminal
Provisions referred to
S. 302

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

MUHAMMAD WAQAS VS State S. 302(b)--- Qatl-i-amd--- Appreciation of evidence--- Sentence, reduction in---Delay in lodging the FIR---Scope---Accused was charged for committing murder of the cousin of complainant by stabbing---Record showed that the FIR was lodged within twenty four hours of the incident---Delay in lodging the FIR had been explained by the complainant in his evidence---Evidence of complainant showed that he was a soldier and was informed on telephone that the accused had murdered the deceased by stabbing on the day of incident, however, complainant was not granted leave on that day but was only granted leave for the next day whereupon he went to the police station and lodged the FIR and collected the dead body of his cousin from the mortuary---Accused was named by the complainant in the FIR and he had no apparent enmity with the accused and thus had no reason to implicate him in a false case---During the delay the prosecution obtained no benefit---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt---However, the death sentence was reduced to that of rigorous imprisonment for life---Appeal was dismissed with said modification in sentence.

Other judgments reported in 2022 PCRLJ

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