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ABDUL HAFEEZ alias MUMTAZ KALHORO vs State Ss — 2022 YLRN 49 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 49 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
ABDUL HAFEEZ alias MUMTAZ KALHORO vs State Ss
Subject matter
Criminal
Provisions referred to
S. 7---Q

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

ABDUL HAFEEZ alias MUMTAZ KALHORO VS State Ss. 302, 387 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, putting person in fear of death or of grievous hurt in order to commit extortion, common intention, act of terrorism---appreciation of evidence---Delay of eleven hours in lodging the FIR---Scope---accused were charged for committing murder of the nephew of the complainant on refusal for giving Bhatta---Incident took place at 09.00 a.m. and the FIR was registered on the same day at 08.30 p.m.---Delay of about eleven hours was explained by the complainant and the prosecution witness by deposing that they first took the deceased in injured condition to the Hospital and after getting first-aid the injured was referred to the other Hospital for better treatment---after the drive of about four hours the injured died on the way---Complainant returned and reached again at Hospital---Leaving the witnesses with the deceased the complainant went to the police station and lodged the FIR---Medical Officer also deposed that injured was brought in Hospital in serious condition and after providing the first-aid he was referred to other Hospital but he expired on the way, then he was brought again to Hospital for post-mortem---Complainant party at the first instant was busy in saving the life of the deceased who was in serious condition and was referred by the doctor and on death they after reaching at hospital immediately went to police station and lodged the FIR---Delay, if any, in registration of the FIR was properly explained by the complainant---Delay, if any, occurred in the registration of FIR was not fatal to the case of prosecution---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---appeal was dismissed accordingly.

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