FATEH KHAN vs State Ss — 2025 SCMR 1408 SUPREME-COURT

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FATEH KHAN VS State Ss. 302, 324, 404, 427, 337-a(i), 337-F(i), 337-F(iii), 337-F(v), 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, dishonest misappropriation of property possessed by deceased person at the time of his death, mischief causing damage to the amount of fifty rupees, shajjah-i-khafifah, ghayr-jaifah-damiyah, ghayr-jaifah-mutalahimah, ghayr-jaifah-hashimah, rioting armed with deadly weapons, unlawful assembly---Re-appraisal of evidence---Delay in recording the statements of witnesses by the police---accused were charged for committing murder of four persons of the complainant party and causing injuries to the three persons---Record transpired that despite meeting with the Police Officers and Investigating Officer at the place of occurrence at noon of the day of occurrence, the statements of the witnesses under Section 161, Cr.P.C., were not promptly recorded at the place of occurrence---Statement of one witness under Section 161, Cr.P.C., was recorded in the evening of the day of occurrence at 07.30 pm and the statement of other witness under Section 161, Cr.P.C., was recorded in the evening of the day of occurrence at 08.30 pm---Neither both witnesses nor the Investigating Officer furnished any explanation for the delay in recording their Section 161, Cr.P.C., statements---In such circumstances and in view of previous enmity and blood feud between the parties, possibility of false implication of large number of accused by the complainant after consultation and deliberation with witnesses, being relatives inter-se and being relatives of all the deceased, could not be ruled out of consideration---appeal against conviction was allowed, in circumstances.

FATEH KHAN vs State Ss — 2025 SCMR 1408 SUPREME-COURT

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