Case Details

Citation(s)
2025 SLG 3203 2025 SLD 3203 = 2025 PCRLJ 762
Lahore High Court
Criminal Appeal No. 17661 and Criminal Revision No. 18883 of 2019, decided on 23rd September, 2024.
Before Aalia Neelum, C.J
Mehram Ali Bali for Appellant. Appellant No. 1 in person. Rana Ahsan Aziz, Additional Prosecutor General for the State. Nemo for the Complainant

ALLAH RAKHA and another---Apellants

VERSUS

The STATE and another---Respondents

Law: Penal Code (XLV of 1860)

Section: 302(b),324,337F(v),34

Law: Criminal Procedure Code (V of 1898)

Section: 161

(a) Penal Code (XLV of 1860)-------Ss. 302(b), 324, 337-F(v) & 34---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah-hashimah, common intention---Appreciation of evidence--Lodging the FIR with due deliberation and consultation---Accused were charged for committing murder of the brother of complainant and also causing firearm injuries to his other brother---Occurrence occurred on 25.06.2014 at 05/06:00 p.m. in a Chak which was 14 miles from the place of occurrence--Complainant, brother of the deceased and injured, reported the incident through written application to Investigating Officer at 08:15 p.m., whereupon he incorporated police proceedings at the end of written complaint and sent the same through Police Constable to the police station, based on which, formal FIR was chalked out on the same day at 09:00 p.m.---Prosecution's case was that after the occurrence, the complainant was about to move to the police station, but the police arrived---Besides, it was an admitted fact that the complainant got drafted the application for registration of the case from one "S"---Non-mentioning of such fact in the application/complaint indicated that the complainant had not stated the complete truth and that the FIR came into existence after due deliberations and consultations---Appeal against conviction was allowed, in circumstances.(b) Penal Code (XLV of 1860)-------Ss. 302(b), 324, 337-F(v) & 34---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah-hashimah, common intention---Appreciation of evidence--Unnatural conduct of complainant---Accused were charged for committing murder of the brother of complainant and also causing firearm injuries to his other brother---Occurrence occurred at 05/06:00 p.m. and was reported to the police at 08:15 p.m. on 25.06.2014---Injured witness remained at the place of the incident for about two hours, but none of the prosecution witnesses made a complaint about the incident nor shifted him to the hospital in injured condition---Non-shifting the injured to the hospital for medical treatment for about two hours was unnatural conduct---Appeal against conviction was allowed, in circumstances.(c) Penal Code (XLV of…
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