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Ghulam Hyder vs State Ss — 2025 MLD 682 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2025 MLD 682 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2025
Reporter
MLD
Parties
Ghulam Hyder vs State Ss
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

Ghulam Hyder VS State Ss. 302(b), 302(c) & 504---Qatl-i-amd, intentional insult with intent to provoke breach of peace---Appreciation of evidence---Delay of five days in lodging the FIR---Not-consequential---Accused was charged for committing murder of the brother of complainant by inflicting hatchet blows---FIR was lodged after a delay of five days, which had not been fully explained---Admittedly, the complainant took the dead body to the hospital where it was subject to post mortem and then was released to him on the same day for burial purposes---Under such circumstances, it would have been expected that the FIR would have been lodged the next day or at a maximum after two days yet three days had gone unexplained before the FIR was finally lodged---Usually such delay was fatal to the prosecution case however in this case it was noted that on the same day after two hours the incident was reported to the Investigating Officer---As per evidence of Investigating Officer, the complainant informed him that the appellant had murdered his brother hence he had gone to the hospital to complete legal formalities---As such, based on the particular facts and circumstances of the case where the Investigating Officer was informed by the complainant about the identity of the murderer within two hours of the incident, the delay in lodging the F.I.R was not found fatal to the prosecution case---Circumstances established that the prosecution had proved its case against appellant under S.302(c), P.P.C, instead of under S.302(b), P.P.C and as such appellant was convicted and sentenced under S.302(c), P.P.C---Appeal was disposed of with modification in sentence.

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