Law:

Section: 34,302(b),324,452

(a) Penal code (XLV of 1860)--- ----Ss. 302(b), 324, 452 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, house-trespass after preparation for hurt, assault or wrongful restraint, common intention---Appreciation of evidence---Delay of more than four hours in lodging of FIR---Occurrence took place at about 9.00 a.m. and matter was reported to the police through an application moved by complainant upon which FIR had been registered on the same day at about 1.40 p.m.---Facts remained that after the occurrence deceased along with injured persons were shifted to Hospital to save lives of injured persons, considered as prime consideration, which took considerable time, while the police station was situated at a distance of 13 kilometers from the place of occurrence---Record showed that there was a delay of about four hours and forty minutes in reporting the matter to the police which delay was not fatal to the case of prosecution in circumstances. [Para. 10 of the ] (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 452 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, house-trespass after preparation for hurt, assault or wrongful restraint, common intention---Appreciation of evidence---Ocular account supported by medical evidence---Prosecution case was that accused-appellants assaulted on complainant party and made firing thereon due to which two persons died and one injured---Ocular account was furnished by complainant and injured persons---Complainant while appearing as witness levelled same allegations and elaborated the roles of accused-appellants as mentioned in the FIR---Statement of complainant was supported by the deposition of injured persons---Injured persons remained unison with the complainant on all material aspects of the case against the accused-appellants---Said witnesses had proved their presence at the place of occurrence and the defence could not shatter the same---Presence of complainant and injured persons at the place of occurrence had been established from the injuries and questions put by the defence during cross-examinations---Accused-appellants were named in FIR and specific roles had been attributed to them---Admittedly, it was a…

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