| Citation(s) |
|---|
| 2010 SLG 905 2010 SLD 905 2010 PLJ 466 |
Crl. Appeal No. 915 of 2003, M.R. No. 42 of 2009 and Crl. R. No. 64 of 2004, heard on 29.04.2010.
Mr. Nadeem Ahmad Tarar, Advocate for Appellants. Mian Bashir Ahmad Bhatti, Addl. P.G. for State. Mr. Altaf Ibrahim Qureshi, Advocate for Complainant.
ALTAF HUSSAIN AND ANOTHER
VS
STATE ETC.
Law:
Section: 154
F.I.R.-- ----Accused was not nominated in FIR--Crude improvement--Validity--If the name of the accused had mentioned in FIR, then there was no need for accused to make a supplementary statement--Prosecution made an improvement through supplementary statement by involving the accused in the case and no reliance can be placed therein. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 154--Accused was not mentioned in FIR--No description of the person was given who had fired at deceased--Validity--Supplementary statement can be invented at any time because it was never signed or thumb marked by its maker by informant whereas any report u/S. 154, Cr.P.C. was also signed or thumb marked and the report was maintained at the police station and no possibility of any change or interpolition in the statement u/S. 154, Cr.P.C.--Held: If prosecution witness had identified the unknown person as accused then the name of the accused must have mentioned in FIR. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302, 324 & 34--Conviction and sentence recorded against accused by trial Court--Challenge to--No source of light--Occurrence took place at odd hour of night--Not nominated in FIR--Delay in lodging FIR--One unknown person who was sitting on the outer wall of the house fired with pistol was mentioned in FIR--Name of accused was figured in supplementary statement--Validity--At the time of occurrence it was dark and assailent could not be identified by prosecution due to reason in FIR that assailants were unknown--Held: Occurrence took place in dark hours of night and there was no source of light and complainant due to grudge involved the accused at a belated stage through supplementary statement--In dark hours of night without any source of light there is no chance of identification of any person--Appeal was accepted. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 342--Statement of accused--During proceeding accused denied to take oath--Motive--Accused had committed a theft and stole away golden ornaments--Developed grudge against deceased--Validity--Motive alleged in the statement of complainant indicates that complainant party had gurdgeagainst the accused as…
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