ASHAR ABBAS alias ASHERA vs State Ss — 2023 YLRN 56 LAHORE-HIGH-COURT-LAHORE

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

ASHAR ABBAS alias ASHERA VS State Ss. 302(b), 324, 337-F(i), 337-F(ii) & 337-F(v)---Qatl-i-amd, attempt to commit qatl-i-amd, damiyah, badi'ah, hashimah---Appreciation of evidence---Sentence, reduction in---Delay of about three hours and twenty minutes in lodging FIR---Scope---Accused was charged for committing murder of the deceased and also causing injuries to four other persons---Motive behind the occurrence was that accused wanted to marry a woman of ill-repute, while deceased was a hurdle in the said marriage and the accused being annoyed committed the incident--- Incident took place at about 08.30 pm---Distance between the police station and the place of occurrence was fourteen kilometres---Matter was reported to the police through written application of complainant on the same day at 11:50 pm---Admittedly, there was a delay of about three hours and twenty minutes in reporting the matter to the police but the said delay was not fatal to the prosecution because in the FIR as well as before the Trial Court it was the case of prosecution that soon after the incident deceased was being shifted to the hospital in injured condition---Matter was reported to the police with due promptitude which ruled out the chances of concoction and fabrication on the part of complainant---Circumstances established that the prosecution had succeeded in proving its case against the accused beyond shadow of doubt---Motive as set up by the prosecution had not been believed and recovery of chhuri at the instance of accused was inconsequential---In such circumstances, death sentence was converted into imprisonment for life---Appeal against conviction was dismissed with said modification in sentence.

ASHAR ABBAS alias ASHERA vs State Ss — 2023 YLRN 56 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported