Zulfiqar Khan vs State Ss — 2026 YLR 142 LAHORE-HIGH-COURT-LAHORE

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Zulfiqar Khan VS State Ss. 302(b), 324, 109 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, common intention---Appreciation of evidence---Benefit of doubt---Unexplained delay of about more than four hours in lodging the FIR---Consequential---Accused were charged for making indiscriminate firing upon the complainant party, due to which one person died and one person sustained firearm injury---Occurrence took place on 20.09.2020 at 01:00 p.m. and was alleged to have been seen by complainant and injured, but the matter was reported to the police on the same day at 05.05.p.m. i.e. with the delay of about four hours, despite the fact that police station was 4.5 kilometers from the place of occurrence---Injured and deceased in an injured conditioned were taken to District Headquarter Hospital---Medical Officer categorically stated that he medically examined deceased the then injured on 20.09.2020 at about 01:25 p.m. who was brought by the police---On the same day at 01:40 p.m. injured was medically examined who was brought by the police---Said portions of statements of Medical Officer were not challenged by the State or complainant---Said fact was also fortified from the statement of Investigating Officer who during his cross-examination admitted that when he reached in the hospital, it came into his knowledge that deceased and injured were brought in the hospital in an injured condition who were medically examined, and Police Constable handed over to him the injury statements of injured and deceased---Thus, at the time of medical examination of injured and the then injured (deceased), the incident was in the notice of the police---Both the witnesses of ocular account did not utter even a single word about the said delay---Said witnesses were closely attached inter-se and also to the deceased, in such a situation if these witnesses were present at the place of occurrence and also witnessed the scene of occurrence then such an inordinate and unexplained delay would have never occurred---Such inordinate delay in setting the machinery of law in motion spoke against the veracity of prosecution version---Appeal against conviction was allowed, in circumstances.

Zulfiqar Khan vs State Ss — 2026 YLR 142 LAHORE-HIGH-COURT-LAHORE

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