Ibrar vs State Ss — 2025 YLR 1201 LAHORE-HIGH-COURT-LAHORE

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Ibrar VS State Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Delay of thirty hours in lodging the FIR to plausibly explained---Accused was charged for committing murder of his wife/daughter of the complainant by firing and also causing firearm injuries to the complainant---In the present case, complainant as well as his daughter sustained firearm injuries and as a natural human psyche the first and foremost reaction was to shift the injured persons to the hospital in order to save their life and exactly the same had been done in the present case---Medico-Legal Certificate of the deceased while in injured condition showed that she was shifted to the hospital at 10.20 am i.e. within almost 1½ hours of the occurrence through the police docket and according to the history enumerated by the complainant to the Medical Officer, husband of the deceased made fire shot upon her---After citing the appellant responsible for causing fire arm injury within 1½ hours of the occurrence, there remained no ill will on the part of the complainant to intentionally delay the matter for setting the law into motion---Medico-Legal Certificate of the deceased while in injured condition showed that at the time of her medical examination, after receiving bullet injury on her head, she was unconscious and due to her precarious condition, she was referred to other hospital at Lahore---In such a situation expecting a father to first rush to the police station for lodging of crime report, in order to avoid the legal consequences, was improbable---Besides sustaining injuries on his own person, his daughter after sustaining bullet injury on her vital part of body was fighting for life, in a hospital far away from the police station, therefore, in such situation setting the law into motion with delay could be ignored, in particular, when the name of the culprit was already disclosed by the complainant on the first available opportunity to the Medical Examiner within shortest span of time---Even otherwise, the crime report was lodged by the complainant and stamp of injuries on his person was conclusive proof of his presence at the venue of occurrence---As such the plea that delay was mostly caused for deliberation and maneuvering the eye-witnesses, was out of question in the present case---Appeal against conviction was dismissed in circumstances.

Ibrar vs State Ss — 2025 YLR 1201 LAHORE-HIGH-COURT-LAHORE

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