Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S.154---First information Report---Delay in lodging---Effect---Delay in lodging FIR could not be presumed to be fatal for the prosecution as each case had its own merits and circumstances---Mere delay in lodging FIR was not sufficient to claim of releasing the accused from the charge. (b) Penal Code (XLV of 1860)--- ----Ss. 324 & 337-D---Attempt to commit qatl-i-amd, jaifah---Appreciation of evidence---Delay of about 18 hours in lodging FIR---Effect---Complainant had satisfactorily explained the delay in lodging FIR that he received information through cell phone regarding the incident which had taken place at about 7.30 p.m. on 4.8.2015, and he went to the place of occurrence---Complainant, with the help of people of the locality had brought his injured brother to the hospital and remained busy for first-aid/treatment---Complainant then went to police station and lodged the FIR---Such delay of few hours in reporting the matter to the police was not fatal in circumstances. (c) Penal Code (XLV of 1860)--- ----Ss. 324 & 337-D---Attempt to commit qatl-i-amd, jaifah---Appreciation of evidence---Ocular account corroborated by medical evidence---Complainant had lodged FIR alleging therein that he along with his brothers and accused were residing in the same house---Accused attacked upon the brother of complainant with knife with intention to commit his murder and he sustained injury over the back of abdomen---Motive behind the incident was property dispute between the parties---Ocular account was furnished by the prosecution witnesses including complainant and injured---Complainant and prosecution witnesses during evidence had categorically deposed that prior to the alleged date of incident, accused used to fight with victim and many times he issued murderous threats to him---Injured witness deposed that accused assaulted on him with knife when he was offering maghrib prayers and was in Sajda at the place of incident---Injured witness supported the version of complainant as narrated in the FIR---Prosecution witness also supported the case of prosecution in his evidence---Medical Officer had opined that the injury…

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