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MUHAMMAD ZAFAR BAIG vs State Ss — 2022 YLRN 96 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 96 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
MUHAMMAD ZAFAR BAIG vs State Ss
Subject matter
Criminal

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 ZAFAR BAIG VS State Ss. 302, 392, 397 & 34---Qatl-i-amd, robbery, robbery or dacoity with attempt to cause death or grievous hurt, common intention---Appreciation of evidence---Delay in lodging of FIR---Effect---Prosecution allegations against the accused were that while committing robbery in the house of deceased, they committed murder of deceased/husband of complainant---In the present case, one FIR was lodged by the brother of deceased against unknown persons while other was lodged by the widow of the deceased against the accused---From perusal of the record, it transpired that brother of the deceased, who lodged first FIR, was not an eye-witness of the incident, as such he did not nominate anybody in the FIR in the commission of murder of his brother, however, when widow of the deceased/complainant, who was sitting in Iddat, came to know that a wrong FIR had been lodged by her brother-in-law (brother of her deceased husband) against unknown culprits, then she tried to lodge her FIR---Evidently, the first FIR was not properly lodged as the complainant of that FIR was not an eye-witness of the incident and, in fact, he should have waited for her sister-in-law i.e. wife of his deceased brother to have lodged the FIR, being eye-witness of the incident---Keeping in view the peculiar circumstances of the case, the filing of two FIRs and the delay in filing of second FIR by widow of the deceased was fully explained---On account of such delay and filing of the second FIR in the case, it could not be said that said (second) FIR was lodged after consultation---Second FIR was rightly lodged by the complainant being eye-witness of the murder and the delay occurred due to circumstances beyond her control---Question of consultation and deliberation did not arise---Circumstances established that the prosecution had established the charges against the accused beyond any shadow of doubt---Appeal against conviction was dismissed accordingly.

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