Law: Pakistan Penal Code, 1860

Section: 34,302

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Delay of about one hour and forty five minutes in lodging of FIR---Effect---Occurrence took place at 7.45 a.m., while the report was lodged at the spot by the complainant at 9.30 a.m., during the said period, no effort was made by the complainant or other witnesses to shift the dead body to the hospital or to the police station---Facts remained that police station was situated at a distance, which could be covered within half an hour from the spot---Circumstances suggested that FIR was lodged after preliminary inquiry/investigation, which not only reacted on the genuineness of the prosecution case but at the same time created doubts with regard to the presence of the complainant and eye-witnesses at the time of occurrence. Musarat Bibi and another v. The State 1992 PCr.LJ 158 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Accused was charged for the murder of brother of complainant by firing---Motive behind the occurrence was stated to be previous blood feud---Ocular account of the occurrence was furnished by the eye-witnesses including complainant, who was allegedly accompanied by deceased at the time of incident---Record showed that complainant had been spared even having equal degree of enmity with the accused party---Complainant had not given the purpose of his presence at the time of occurrence---Neither the house of the deceased nor that of the complainant had been mentioned in the site plan---Conduct of the complainant and prosecution witnesses and report at the spot showed that it was unseen occurrence---Eye-witness had not named the complainant in his court statement and in examination, he denied his examination by the police under S. 161, Cr.P.C.---Both the eye-witnesses had failed to prove their presence at the place of occurrence beyond the shadow of reasonable doubt---Record transpired that confessional statement of the accused was recorded by the Judicial Magistrate in presence of co-accused---Questionnaire and the certificate all were on…

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