Law:

Section:

(a) Penal Code (XLV of 1860) --------- ----------Ss. 302 (b) & 34 --------- Criminal Procedure Code (V of 1898), S. 342 --------- Qanun-e-Shahadat (10 of 1984), Art. 129(g) --------- Qatl-i-amd, common intention --------- Appreciation of evidence --------- Court may presume certain facts --------- Power to examine accused --------- Delay in lodging of FIR, conduct of postmortem report and in sending the crime weapon to Laboratory not explained --------- Dishonest improvements made by the prosecution witnesses --------- False implication, plea of --------- Accused were alleged to have murdered the brother of the complainant by causing firearm injuries --------- Trial court convicted present accused and sentenced him to death along with payment of compensation --------- Absence of the FIR's description in the Inquest Report and the timing and date regarding receiving information of the incident lead to the conclusion that the FIR had been recorded not only with delay but also not at the alleged time --------- Complainant appeared to have not directly gone to the police station for lodging the FIR --------- FIR had been lodged after delay of two hours from the time of the incident and with delay of one hour and fifteen minutes from the time of death of the deceased without any explanation --------- Delay in lodging the FIR gave rise to the adverse inference that the delay had been utilized for false implication of the accused, concoction of the story and introduction of the false witnesses --------- Prosecution had failed to explain the delay in reporting the incident though the police station was only at a distance of eight miles --------- Said delay proved fatal to the prosecution case --------- -Postmortem examination had been conducted with delay of ten hours and ten minutes, which had not been explained by the prosecution --------- Medical witness deposed that the postmortem had been conducted after receiving the police papers, but said reason had not been mentioned in the postmortem report --------- Eye-witnesses had stated that they had shifted the deceased in injured condition to the hospital, but according to the medical witness and the Medico-Legal…