Babar alias Jani vs State Ss — 2025 PCrLJ 22 LAHORE-HIGH-COURT-LAHORE

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Babar alias Jani VS State Ss. 302(b), 506 & 34---Qatl-i-amd, criminal intimidation, common intention---Appreciation of evidence---Delay of thirty five minutes in lodging the FIR---Consequential---Accused was charged that he along with his co-accused committed murder of the brother of complainant by inflicting churri blows---As per prosecution case, incident took place at 11.00 am on 10.07.2017---After the incident, the complainant along with others, shifted the dead body of deceased to the hospital---After that, the complainant went to the police station and reported the incident through a written application and FIR was chalked out at 11.35 am---Fact remained that inter-se distance between the place of occurrence and the police station was only one kilometer---Scribe of the written complaint, who was not known to the complainant in the earlier trial, was subsequently introduced by complainant---Deposition of complainant proved nothing substantial except that he signed the information, whereof FIR was registered---First Information Report was the result of deliberation and consultation, which was also revealed from the inquest report, wherein, in column No. 3 relating to the date and time of receiving information about the death, the date '10.07.2017' was mentioned and after writing "time" space was left blank---Investigating Officer had not mentioned the time of preparing the inquest report---Record showed that post-mortem was conducted with delay of seven hours and twenty five minutes---Delay in conducting the postmortem examination reflected that the FIR was recorded with the delay and was not recorded at the time it was claimed to be recorded---Moreover, it appeared that till the completion of the postmortem report, the FIR was not registered, which led to the irresistible conclusion that the FIR was recorded with the delay and that the same could not be used against the appellant as a corroborative piece of evidence---Circumstances established that the prosecution had failed to bring home a charge against the appellant beyond any reasonable doubt---Appeal against conviction was allowed accordingly.

Babar alias Jani vs State Ss — 2025 PCrLJ 22 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2025 PCRLJ