HAQ NAWAZ vs State S — 2022 YLR 721 LAHORE-HIGH-COURT-LAHORE

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HAQ NAWAZ VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Delay of three hours and fifteen minutes in lodging the FIR---Scope---Accused was charged for committing murder of the brother of the complainant by firing---Occurrence, took place at 02.30 p.m., which was reported at 4.30 p.m., when the oral statement of complainant was recorded by the Investigating Officer of the case, on the day of occurrence, inside the Trauma Center of the Hospital---Formal FIR was registered at 5.45 p.m.---Distance between the place of occurrence and police station was nine kilometres and the complainant had suffered the traumatic and tragic loss of life of his brother---Both the witnesses explained during cross-examination that after the occurrence they immediately shifted the deceased to the hospital---Oral statement of complainant and the formal FIR were got lodged within a short duration---Complainant not only named the accused but also mentioned each and every minor as well as material fact of the incident therein, which of course excluded the possibility of pondering or planning regarding the false implication of the accused---Details of the occurrence had been elaborately explained in the FIR and the oral statement of complainant---Promptitude in reporting the matter to the police also established that the eye-witnesses could not have developed a false narrative regarding the occurrence, in which the brother of the complainant had died in such a short time---Circumstances established that the prosecution had proved its case against the accused beyond the shadow of any doubt, however, due to some mitigating circumstances, death sentence of the accused was altered to imprisonment for life---Appeal was dismissed with said modification in sentence.

HAQ NAWAZ vs State S — 2022 YLR 721 LAHORE-HIGH-COURT-LAHORE

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