Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302, 201, 506/2 & 34---Qatl-i-amd, disappearance of evidence of offence, or giving false information to screen offender, criminal intimidation, common intention---Prosecution case was that ailing brother of complainant was taken away by accused persons, being his relatives, for treatment at place "K"---Accused, after three months informed the complainant that his brother had expired during treatment---Complainant alleged that accused persons had committed murder of his brother due to property dispute---Complainant lodged FIR against the accused persons for committing murder of his brother---Investigation concluded that deceased died natural death---Judicial Magistrate did not approve the said police report and ordered for re-investigation of the case---Second Investigating Officer re-investigated the case and again submitted report under "C" Class, which was approved---Record showed that second Inquiry Officer recorded statement of the complainant, his witnesses, accused persons, neutral persons and neighbours by conducting open spot investigation---Investigating Officer collected medical record from the Hospitals, which emanated that deceased was suffering from advance stage of cancer---Investigating Officer concluded that deceased died natural death---Complainant neither produced any material regarding commission of murder of his brother by accused persons nor any medical record, which reflected that deceased was murdered and his death was not natural---Undeniably, deceased was suffering from advance stage cancer and was passing his last days and his natural death was expected in a near future, thus, there was no need to take him at place "K" to commit his murder by accused persons due to animosity going on between the parties over immovable property---Material contradictions, improvements and concealment of material facts were found in the application moved by complainant for registration of case, FIR, statements recorded under S. 161, Cr.P.C. and reports submitted by Investigating Officers---Demeanour of complainant by taking divergent stances as well as concealment of material facts throughout the proceedings…

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