Law: Pakistan Penal Code, 1860

Section: 34,109,302,302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 161,340(2),342,374,544A

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Delay of about three hours in lodging the FIR---Record showed that occurrence took place at 6.30 a.m. on 14.9.2012, but FIR had been recorded at 9.30 a.m.---No explanation for such delay had been given by the prosecution---Complainant tried to introduce dishonest improvement while stating in his examination-in-chief that he had already informed the police telephonically about the occurrence---Complainant was confronted with his statement, during cross-examination, it was not found therein---Such delay led to the view that same was an afterthought, and time had been consumed for procuring and engaging witnesses and concocting version for registration of the case---Such aspect had given fatal blow to the case of prosecution. Mehmood Ahmad and 3 others v. The State and another 1995 SCMR 127 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 109 & 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Benefit of doubt---Accused was charged for committing murder of father-in-law of the complainant---Record showed that complainant had stated that his statement was recorded for registration of FIR before the Investigating Officer after half an hour of the occurrence---Investigating Officer reached at the place of occurrence after half an hour---If Investigating Officer reached at the place of occurrence after half an hour and complainant got recorded his statement to him after half an hour of the occurrence then the occurrence had not taken place at 6.30 a.m. rather at 8.00 a.m. because the time of recording of statement of complainant at thebottom of complaint was mentioned as 8.30 a.m.---Occurrence in circumstances, had not taken place at 6.30 a.m. and prosecution could not prove the exact time of the occurrence---Ocular account was furnished by two witnesses including complainant---Said witnesses were not the residents of the house of occurrence and could not give any plausible reason about their presence at the place of occurrence---Said witnesses were residents of the same village and claimed that they were sleeping in…

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