| Citation(s) |
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| 2025 SLG 5547 2025 SLD 5547 = 2025 YLR 1911 |
Lahore High Court
Criminal Appeals Nos. 79724, 79726, of 2021, Criminal Revision No. 2871 and PSLA No. 2870 of 2022, decided on 30th April, 2025.
Before Farooq Haider, J
Muhammad Iftikhar Ullah Dhillon for Appellants along with Kashif (Appellant on bail). Nisar Ahmad Virk, Deputy Prosecutor General along with Asif, S.I. for the State. Muhammad Ahsan Nizami for the Complainant and also for the petitioner (in Crl. Rev. No. 2871 of 2022), as well as for the petitioner (in P.S.L.A No. 2870 of 2022).
Criminal Appeals Nos. 79724, 79726, of 2021, Criminal Revision No. 2871 and PSLA No. 2870 of 2022, decided on 30th April, 2025.
Before Farooq Haider, J
Muhammad Iftikhar Ullah Dhillon for Appellants along with Kashif (Appellant on bail). Nisar Ahmad Virk, Deputy Prosecutor General along with Asif, S.I. for the State. Muhammad Ahsan Nizami for the Complainant and also for the petitioner (in Crl. Rev. No. 2871 of 2022), as well as for the petitioner (in P.S.L.A No. 2870 of 2022).
GHULAM QADIR and others---Applicants
VERSUS
The STATE and another---Respondents
Law: Penal Code (XLV of 1860)
Section: 302(b),324,337A(i),337F(i),449,148,149
Law: Criminal Procedure Code (V of 1898)
Section: 417
(a) Penal Code (XLV of 1860)-------Ss. 302(b), 324, 337-A(i), 337-F(i), 449, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-khafifah, ghayr-jaifah-damiyah, house trespass, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Delay in lodging FIR---Scope---Accused were charged for committing murder of the brother of complainant and also causing firearm injuries to complainant and his sister---As per case of prosecution, occurrence took place at 7:30 p.m. on 25.06.2016 whereas same was reported to the police through written application at the Police Station at 09:05 p.m. when FIR was registered---Distance of place of occurrence from the Police Station was just 16-kilometres as per column No.4 of the FIR---First Information Report which was cornerstone of the case of the prosecution, could not be termed as promptly recorded rather it could be safely said that same was recorded with delay, however, ante-time had been mentioned in the record, and such sort of FIR could not provide any support to the case of prosecution and superstructure i.e. case of prosecution raised on the basis of such sort of FIR was bound to fall---Circumstances established that the prosecution had failed to establish its case against the appellants beyond reasonable doubt---Appeal against conviction was allowed, accordingly.Haroon Shafique v. The State and others 2018 SCMR 2118; Muhammad Rafique alias Feeqa v. The State 2019 SCMR 1068; Sufyan Nawaz and another v. The State and others 2020 SCMR 192; Muhammad Adnan and another v. The State and others 2021 SCMR 16 and Mst. Asia Bibi v. The State and others PLD 2019 SC 64 rel.(b) Penal Code (XLV of 1860)-------Ss. 302(b), 324, 337-A(i), 337-F(i), 449, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-khafifah, ghayr-jaifah-damiyah, house trespass, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence--Benefit of doubt---Delay of seven and half hours in conducting postmortem on the dead body of the deceased---Scope---Accused were charged for committing murder of the brother of complainant and also causing fire arm injuries to complainant…