ABDUL WAHID vs State S — 2023 SCMR 1278 SUPREME-COURT

Case information

Citation: 2023 SCMR 1278 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: ABDUL WAHID 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

ABDUL WAHID VS State S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Crime report was lodged one hour and fifty five minutes after the incident---Keeping in view the fact that the deceased was firstly taken to hospital, which was situated at a distance of more than five kilometers from the place of occurrence where he succumbed to the injuries and the matter was reported from the hospital, it would be considered a promptly lodged FIR---Promptness of FIR prima facie showed truthfulness of the prosecution case and it excluded possibility of deliberation and consultation---Accused was known to the deceased and another witness, as such, there was no chance of misidentification---Witnesses of ocular account had reasonably explained their presence at the place of occurrence at the relevant time---Said witnesses had given all necessary details of occurrence qua the date, time, place, name of accused, name of witnesses, manner of occurrence, kind of weapon used in the occurrence, the locale of injuries and the motive of occurrence---Witnesses had no enmity or ill-will against the accused to falsely involve him in the case---Medical evidence available on the record corroborated the ocular account so far as the nature, time, locale and impact of the injuries on the persons of the deceased was concerned---Appeal against conviction was dismissed.

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