Imran alias Mana vs State Ss — 2026 YLR 116 LAHORE-HIGH-COURT-LAHORE

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Imran alias Mana VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Non-production of Police Official who took the written complaint to police station for FIR---Consequential---Accused were charged for committing murder of the brother of complainant by firing---Complaint was prepared at hospital and was dispatched to Police Station for registration of formal FIR through Head Constable---Inexorably, in the given circumstances, Head Constable was essentially required to be produced before the Trial Court, but surprisingly, he was neither cited as a witness nor summoned for the recording of evidence---Deposition of the said witness was essentially required to prove the prompt registration of FIR.---Besides that, the defence/accused had a right to cross-examine said witness to extract the truth---Moreover, it would wholly be unjust to blindly accept the claim of prosecution about the time upon which FIR was registered while paying no attention to withholding the most important witness in that regard---According to postmortem report and inquest report, the Investigating Officer mentioned the date and time of incident as 07.02.2018 wherein the deceased died at 05:00 pm.---Dead body of the deceased was identified by two persons at hospital---Perusal of the record further revealed that the occurrence was statedly witnessed by three witnesses but the inquest report did not contain the name of any of those persons, meaning thereby they were not present in the hospital at the time of identification of the dead body---Had the said eye-witnesses been present at hospital, the Investigating Officer would have definitely incorporated their names and associated them to identify the dead body---In such circumstances, the FIR had been lodged with a reasonable delay and that too after concocting a false story---Appeal against conviction was allowed, in circumstances.

Imran alias Mana vs State Ss — 2026 YLR 116 LAHORE-HIGH-COURT-LAHORE

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