Kashmir alias Soba Khan vs State Ss — 2025 YLR 1401 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 YLR 1401 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: YLR
Parties: Kashmir alias Soba Khan vs State Ss
Subject matter: Criminal
Provisions referred to: S. 174

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

Kashmir alias Soba Khan VS State Ss. 302(b), 147, 148 & 149---Qatl-i-amd, rioting, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Delay of 22 hours in lodging the FIR---Consequential---Possibility of consultation and deliberation---Accused was charged for committing murder of the brother of complainant along with his wife---First Information Report was lodged on 23.05.2021 at 10:30 pm with a delay of twenty-two hours despite the fact that the distance between place of occurrence and Police chowki could be covered in 8/9 hours by ordinary transport---Complainant stated during cross-examination that on 29.05.2021 at 7:00 pm, he left for chowki and reached chowki at 2:00 am on 30.05.2021---Question was then how the FIR was lodged on 29.05.2021 at 10:30 pm on his report---Alleged report was lodged with delay and without any explanation---Police officials reached the place of occurrence on 29.05.2021 at 8:30 pm before the lodgment of the FIR, which was confirmed by Investigating Officer---Investigating Officer also prepared the inquest report of the deceased under S.174, Cr.P.C and thereafter sent the dead bodies to civil hospital, which were then examined by Medical Officers on 29.05.2021 at 9:43 am---Police should have lodged the FIR when they reached the place of occurrence for the first time at 8:30 am, but the concerned SHO did not do so and waited for the complainant---Under such circumstances, the element of deliberation and consultation could not simply be ruled out of consideration---Appeal against conviction was allowed, in circumstances.

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