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IMRAN GONDAL vs State S — 2023 YLRN 38 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 YLRN 38 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Parties
IMRAN GONDAL 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

IMRAN GONDAL VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Delay of six hours in lodging the FIR---Scope---Accused was charged that he along with his co-accused committed murder of the brother-in-law of the complainant---Motive behind the occurrence was dispute of lease of land---Record showed that the occurrence as per prosecution took place at about 12:00 a.m. (night)---Place of occurrence was at about 04 kilometers from Police Station---Matter was reported by complainant through application recorded by Sub-Inspector on the same day on the basis of which formal FIR was chalked out by Assistant Sub-Inspector at 06:00 a.m. with the delay of six hours---Matter could have been reported within no time as police station was only four kilometers away but the witnesses took almost six hours---No plausible explanation for the delay had been brought on record---Even while appearing before the Trial Court the prosecution witnesses did not say anything about the said delay---Held, such delay in setting the machinery of law into motion spoke volumes against the veracity of prosecution version---Circumstances established that the prosecution had failed to prove the case against the accused beyond any reasonable doubt---Appeal against conviction was allowed, in circumstances.

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