MASKEEN ULLAH vs State S — 2023 SCMR 1568 SUPREME-COURT

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MASKEEN ULLAH VS State S. 302(b)--- Qatl-i-amd--- Reappraisal of evidence--- Day time occurrence--- Promptly lodged FIR--- Prompt post-mortem examination---Occurrence had taken place in a broad day light that too, at a place where certain shops were also available and the place of occurrence as well as the time of occurrence had not been disputed---Occurrence took place at 5:15 p.m. and after the occurrence, it was the priority of eye-witnesses, being father and brother of the deceased to shift the injured/deceased to the hospital, but he succumbed to the injuries on the way---Thereafter, they brought back the dead body to their house and complainant proceeded to the Police Station which was at a distance of 21 kilometers away from the place of occurrence and lodged the report at 8:00 p.m.; so there was no conscious delay in lodging the FIR, as prior to that the anxiety of the close relatives was to make efforts to save life of their nearer one---Promptness of the FIR also eliminated the chance of consultation and deliberation. It is also a circumstance that after registration of the FIR, the police party again travelled back to the house of the complainant, where dead body was lying---Inquest report and injury statement was prepared there and thereafter dead body was dispatched to the hospital where on the same night at 5:00 a.m. the postmortem was conducted. So any delay in conducting the postmortem was also explained from the circumstances, especially when Police Station was at a distance of 21 kilometers from the place of occurrence---Both the Courts below after appraisal and re-appraisal of the entire evidence rightly came to the conclusion regarding guilt of the accused---Petition for leave to appeal was dismissed and leave was refused.

MASKEEN ULLAH vs State S — 2023 SCMR 1568 SUPREME-COURT

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