Law: Pakistan Penal Code, 1860

Section: 34,302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 161,173,190(2),340(2),342,417,417(2A),54 4A

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Delay of about forty five minutes in lodging the FIR---Effect---In the present case, occurrence took place on 13.5.2010 at 1:15 p.m. and matter was reported to the police with promptitude at 2:00 p.m.---Distance between the place of occurrence and the police station was one kilometre---Record transpired that soon after the occurrence, the complainant reached police station, where on his statement, FIR was chalked out wherein the accused was duly named with a specific role--- FIR was lodged promptly, in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Sentence, reduction in---Mitigating circumstances---Accused-appellant was charged that he along with acquitted accused persons committed murder of the father of the complainant---Motive behind the occurrence as disclosed in the crime report was dispute over landed property---Ocular account consisted of the statement of complainant, supplemented by his maternal uncle/eye-witness---Presence of complainant along with his father/deceased seemed to be quite natural---Eyewitness who had attracted to the spot on hearing hue and cry was maternal uncle of the complainant---Both the witnesses, in categorical terms, stated that the accused along with other assailants reached the place of occurrence while armed with hatchet, inflicted blow at the back side of the head of the deceased---Statement of said witnesses reflected that they remained unanimous about the date, time, mode and manner of occurrence---Statement of the prosecution witnesses of ocular account rang true and seemed to be natural---No question was put to the prosecution witnesses regarding the salient features of the prosecution version in order to create any sort of dent in the credibility of their testimony---Medical officer had observed two injuries on the back side of the head of the deceased---Post-mortem examination conducted within three hours, ruled out the possibility of any fabrication---Bloodstained earth secured was dispatched to the offices of Chemical Examiner…

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