TAJ MALOOK vs State Ss — 2024 MLD 82 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 MLD 82 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: MLD
Parties: TAJ MALOOK vs State Ss
Subject matter: Criminal
Provisions referred to: S. 417---Q; Criminal Procedure Code (V of 1898)

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

TAJ MALOOK VS State Ss. 302(b), 324, 148 & 149---Criminal Procedure Code (V of 1898), S. 417---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Appeal against acquittal---Appreciation of evidence---Delay of three hours and thirty minutes in lodging the FIR---Accused was charged for committing murder of the deceased by firing---Record showed that the incident in the present case took place on 06.07.1997 at 04:00 p.m. and report was lodged on the same day at 07:30 pm i.e. after delay of three and a half hours---Eye-witnesses in their cross-examination stated that the distance between place of occurrence and police station could be travelled within 1½ hours on foot but the report was lodged after a delay of three and a half hours, so deliberation and consultation could not be ruled out---Circumstances established that the prosecution had failed to prove its case against the accused beyond a reasonable doubt---Appeal against acquittal was accordingly dismissed.

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