Mehrullah vs State Ss — 2025 YLR 761 QUETTA-HIGH-COURT-BALOCHISTAN

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Mehrullah VS State Ss. 302(b), 337-a, 337-D, 337-F, 337-H(2), 147, 148 & 149---Qatl-i-amd, shajjah-i-ammah, jaifah, murderous assault, rash and negligent act to endanger human life or personal safety of others, rioting, rioting armed with deadly weapon, unlawful assembly---appreciation of evidence---Delay of five hours in lodging the FIR---Consequential---accused was charged that he along with his co-accused persons made a murderous assault upon the complainant party, due to which uncle of complainant died while his father sustained injuries---Record showed that the occurrence took place at about 06.30 a.m., thus the FIR should have been lodged promptly without any delay, but that had not been done so, rather the FIR was lodged at about 11.20 a.m. i.e. after delay of about five hours---Complainant admitted that the FIR was lodged after consultation---admission so tendered by the complainant had jolted the very foundation of the prosecution case---Main scope of prompt registration of FIR was to eliminate the possibility of consultation and deliberation in registration of FIR in order to avoid the false implication of innocent persons in baseless cases---In the case in hand consultation and deliberations had been done and it was even admitted by the complainant in his Court statement that it was the reason that number of accused persons had been nominated in a single murder case---Not only that, but subsequently on the third day of occurrence i.e. 14 June 2020, the complainant through his supplementary statement nominated the acquitted accused---after two days of occurrence another accused was involved in the crime, which showed that the complainant party not only consulted at the time of registration of FIR, but subsequently also, which resulted into filing of supplementary statement---appeal against conviction was allowed, in circumstances.

Mehrullah vs State Ss — 2025 YLR 761 QUETTA-HIGH-COURT-BALOCHISTAN

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