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KIMA vs State S — 2022 PCrLJN 76 Gilgit-Baltistan Chief Court

Case information

Citation
2022 PCrLJN 76 Gilgit-Baltistan Chief Court
Year
2022
Parties
KIMA vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; S. 324; S. 169; S. 161; Penal Code (XLV of 1860)

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

KIMA VS State S. 497---Penal Code (XLV of 1860), Ss. 324 & 34---Attempt to commit qatl-i-amd and common intention---Contradictory statements---Delayed FIR---Rule of consistency---Further inquiry---Scope---Prosecution case was that the complainant and his brother were fired upon by accused and his father as a result of which a bullet hit the tyre of motorcycle---Fire shot as alleged in the FIR had not hit the complainant, moreover the accused had not repeated the overt act to its extreme; although the complainant and his brother were at the mercy of accused---In view of sufficient time to repeat the firing, whether S. 324, P.P.C., could be invoked or not was question, which could only be resolved by the Trial Court after taking into consideration the relevant evidence to be recorded in that respect---Prima facie a case of further inquiry was made out in favour of accused---FIR was lodged after a delay of 2 hours without any explanation, which created doubt of being deliberated and concocted---Police had released the co-accused under S. 169, Cr.P.C. as such rule of consistency applied in the case---Deposition of an eye-witness had contradicted his statement recorded by police during investigation under S. 161, Cr.P.C.---Petition for grant of bail was accepted, in circumstances.

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