BUX ALI MAZARI vs State S — 2024 YLR 1531 KARACHI-HIGH-COURT-SINDH

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BUX ALI MAZARI VS State S. 302(b)---Sindh arms act (V of 2013), S. 23(i)(a)---Qatl-i-amd, possessing illicit weapon---appreciation of evidence---Delay in lodging the FIR not attributable to complainant party---accused was charged for committing murder of the brother of complainant by firing---Record showed that immediately after the incident, the complainant party had taken dead body of deceased to the police station and had informed the police about the incident wherefrom they were referred to Hospital, where autopsy was conducted on the dead body and thereafter the dead body was handed over to them and then after burial and funeral ceremonies, the complainant's FIR was lodged---In that regard statement of Police Constable was also relevant who had categorically stated that on 29.7.2015 when he was present at the police station, a witness had come there and informed him that some Mazaris had committed murder of deceased, therefore, he went to the hospital along with his subordinate staff and checked the dead body of deceased and prepared such mashirnama in presence of mashirs and also prepared inquest report in presence of same mashirs---Said police official then gave letter to a Police Constable for postmortem---In his cross-examination, said witness had admitted that eye-witness had come on 29.7.2015 at 4.40 pm for giving information but he did not register the FIR and instead only made such entry---Complainant, who was said to be an eye-witness of the incident, in his evidence deposed that after taking dead body to the hospital, they had informed the police about the incident and that postmortem was conducted in presence of police and the mashirs---From that, it was clear that the complainant party immediately after taking the dead body of the deceased to the hospital, informed the police about the incident, but despite that FIR was not registered by the police at that time---In such view of matter, it seemed that when police itself did not register the FIR immediately upon receiving information, then the delay, as pointed out by the defence, could not be attributed to the complainant and the same would not be fatal to the prosecution case---appeal against conviction was dismissed, in circumstances.

BUX ALI MAZARI vs State S — 2024 YLR 1531 KARACHI-HIGH-COURT-SINDH

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