| Citation(s) |
|---|
| 2026 SLG 1395 2026 SLD 1395 = 2025 PLJ 256 |
Lahore High Court
Crl. A. No. 77643-J, PSLA No. 77639 & Crl. Rev. No. 77641 of 2019, decided on 10.10.2024.
Presented By: Muhammad Tariq Nadeem, J.
Peer Masood-ul-Hassan Chishti, Advocate (Defence Counsel) for Appellant. Mr. Shabbir Ahmad, DPG for State. Mr. Omais Nasir Bhatti, Advocate for Complainant. Date of hearing: 10.10.2024.
Crl. A. No. 77643-J, PSLA No. 77639 & Crl. Rev. No. 77641 of 2019, decided on 10.10.2024.
Presented By: Muhammad Tariq Nadeem, J.
Peer Masood-ul-Hassan Chishti, Advocate (Defence Counsel) for Appellant. Mr. Shabbir Ahmad, DPG for State. Mr. Omais Nasir Bhatti, Advocate for Complainant. Date of hearing: 10.10.2024.
ZAFAR IQBAL etc.--Appellants
VERSUS
STATE etc.--Respondents
Law: Pakistan Penal Code, 1860
Section: 302(b)
PLJ 2025 Cr.C. (Note) 256 [Lahore High Court Lahore] Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Qatl-e-amd--Conviction and sentence--Delay in filing complaint--Prosecution has not given any plausible reasoning qua such delay meaning thereby private complaint plaint has been filed after due deliberation and consultation just to fill up lacunas left in FIR. [Para 4] A PLD 2003 SC 14. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Eye-witness--Qatl-e-amd--Conviction and sentence--The passive conduct of witnesses by not making resistance or rescuing deceased or letting appellant to escape unhurt has further created a reasonable doubt with regard to their presence at crime scene at relevant time. [Para 5] B Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Qatl-e-amd--Conviction and sentence--Challenge to--Circumstantial evidence--It is settled by now that in such like cases every circumstance should be linked with each other and it should form such a continuous chain that its one end touches dead body and other to neck of accused--But if any link in chain is missing then its benefit must go to accused. [Para 7] C 1992 SCMR 1047; 1996 SCMR 188 & PLJ 1999 SC 1018. Pakistan Penal Code, 1860 (XLV of 1860)- ----S. 302(b)--Circumstantial evidence--Every piece of circumstantial evidence produced in this case by prosecution--It is noteworthy that circumstantial evidence of prosecution is based upon following pieces of evidence: 1) Evidence of Rescue 1122 2) Recoveries…