Citation Name: 2024 PCrLJ 1896 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Naimatullah vs State S — 2024 PCrLJ 1896 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2024 PCrLJ 1896 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2024
Reporter: PCRLJ
Parties: Citation Name: 2024 PCrLJ 1896 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Naimatullah 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

Citation Name: 2024 PCrLJ 1896 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Naimatullah VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Delay in lodging FIR---Inconsequential---Accused was charged for committing murder of the brother of the complainant by firing---First Information Report transpired that the same was lodged with a delay of only two hours and fifty minutes and no explanation in that regard was present in the FIR---However, it was mentioned in the FIR that the injured was referred from Civil Hospital to other hospital for further medical treatment and the deceased succumbed to his injuries on the way towards that hospital---Furthermore, the complainant explained the position that after referring his injured brother, he did not accompany the injured, he went towards his house to fetch some money, while three others persons went with the injured/deceased---Before arrival of dead body at Civil Hospital, the complainant approached the Police Station for registration of FIR against the accused persons---Normal human behavior is that the family members of a victim first try to save the life of injured person, who is in critical condition, which is obviously, what happened in the present case---Delay occurring in the case in hand was not deliberate to achieve some other goals---Admittedly, the delay is material when there is a doubt regarding identifying the accused, but in the present case, the accused was nominated in the FIR promptly---Circumstances established that the prosecution had proved its case beyond shadow of doubt---Appeal against conviction was dismissed accordingly.

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