ZAFAR ALI ABBASI vs ZAFAR ALI ABBASI S — 2024 SCMR 1773 SUPREME-COURT

Case information

Citation: 2024 SCMR 1773 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2024
Reporter: SCMR
Parties: ZAFAR ALI ABBASI vs ZAFAR ALI ABBASI 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

ZAFAR ALI ABBASI VS ZAFAR ALI ABBASI S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Delay in lodging FIR---Probability of false involvement of accused---Injured was shifted to the hospital at about 10:30 a.m. and by that time he was alive; he was under a treatment till 01:35 p.m. and thereafter, succumbed to injuries---This fact was admitted by the Investigating Officer in his cross-examination---According to the prosecution, the FIR was registered at 11:25 a.m., but surprisingly, section 302, P.P.C. was inserted in it when by that time, the injured was alive---This showed that the FIR was actually registered after the death of the deceased, but with mala fide intention, and time of its registration was mentioned as 11:25 a.m. in order to cover the delay in lodging the FIR---Delay in lodging the FIR was a result of deliberation and consultation, therefore, false involvement of the appellant could not be ruled out---Prosecution had failed to establish its case against the appellant beyond a reasonable doubt---Appeal was allowed, and appellant was acquitted of the charges.

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