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Talib vs State Ss — 2026 YLR 640 FEDERAL-SHARIAT-COURT

Case information

Citation
2026 YLR 640 FEDERAL-SHARIAT-COURT
Court
Federal Shariat Court
Year
2026
Reporter
YLR
Parties
Talib vs State Ss
Subject matter
Criminal
Provisions referred to
S. 17

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

Talib VS State Ss. 302(b), 396, 337-H(2), 148 & 149---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(4)---Qatl-i-amd, dacoity with murder, rash or negligent act to endanger human life or personal safety of others, rioting armed with deadly weapons, unlawful assembly, harabbah---appreciation of evidence---Benefit of doubt---Delay of 35-hours in lodging the FIR---Consequential---accused were charged for attempting to take away the cattle upon which brother of complainant made resistance; thereafter he was murdered by the accused persons through firing---First Information Report had not been lodged even at 01:00 p.m., when the dead body was taken to the police station and the occurrence was narrated to the police by complainant---Police witnesses were silent and advanced no explanation for not recording the FIR inspite of the fact that Incharge Investigation stated before the court that on 01.2.2014 complainant party had not disclosed before him about the names of any accused and voluntarily stated that they disclosed before him that accused by caste Mangnejo had committed murder of deceased---First Information Report was not lodged on 01.2.2014, rather it was lodged on 02.2.2014 at 18:45 hours that was 06:45 p.m.---Total delay from the time of occurrence to the lodging of FIR was about thirty five (35) hours and the delay from narrating the occurrence to the police at 01:00 p.m. on 01.2.2014 to 06:45 p.m. on 02.2.2014; the delay in lodging of FIR become thirty (30) hours---Said delay in lodging the FIR had not been explained either by the complainant party or by the police---Police of police station 20-Miles inspected the dead body on 01.2.2014, prepared the inquest report, different Mashirnamas but did not opt to chalk out the FIR---Similarly the first informer comfortably came on the next date after thirty five (35) hours and lodged the FIR with nominations and attributions of the weapons, such like conduct of the witnesses gave rise to the impression of consultation and deliberations---appeal against conviction was allowed, in circumstances.

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