Shafqat Ali vs State Ss — 2025 YLR 1187 LAHORE-HIGH-COURT-LAHORE

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Shafqat Ali VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Delay of four hours and fifty five minutes in lodging the FIR---Not fatal to the prosecution case---Accused were charged for committing murder of his wife/daughter of complainant by inflicting hatchet blows---As per the prosecution case, the incident took place on 05.03.2021 at 04:00 a.m. in the house of acquitted accused situated in the area of Kand Stop---Distance between the place of occurrence and the police station was 10 kilometers---It was duly mentioned in the police proceedings incorporated at the bottom of Fard Bayyan that on the intimation regarding the occurrence of the incident the Investigating Officer reached at Kanda Stop on 05.03.2021 and upon reaching Kanda Stop, the complainant met him and the Investigating Officer recorded that the statement of the complainant based on which the FIR was registered on 05.03.2021 at 08:55 a.m.---Police proceedings revealed that the statement of the complainant was recorded at Kanda Stop---Similarly, eye-witness deposed that the police reached the place of occurrence at 07:30/7:45 a.m.---Court witness/Police Constable deposed that they reached the place of occurrence at the time of Azan of Fajar---Incident took place on 05.03.2021 at about 04:00 a.m., and the timing of Fajar was between 5:00 a.m. and 06:15 a.m.---Team of the crime scene unit also reached the place of occurrence---Thus, the place of the incident was far from the village, so there was no undue delay in reporting the incident---According to the Investigating Officer, he met the complainant at 07:00/7:30 in the morning and wrote his statement---Time for writing the statement started at 07:00/7:30, and after writing it, it was written at the bottom of the document as 8:50, proving that he took that time to write the statement---Delay, if any, in registration of the FIR in question, had been explained by the defence itself during the cross-examination conducted upon the prosecution witnesses and was, therefore, not fatal to the case of the deceased---Circumstances established that the prosecution had proved its case against the appellant---Appeal against conviction was dismissed accordingly.

Shafqat Ali vs State Ss — 2025 YLR 1187 LAHORE-HIGH-COURT-LAHORE

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