Law: Pakistan Penal Code, 1860

Section: 302,504

Law: Criminal Procedure Code (V of 1898)

Section: 544-A

(a) Penal Code (XLV of 1860)--- ----Ss. 302 & 504---Qatl-i-amd, intentional insult with intent to provoke breach of the peace---Appreciation of evidence---Delay of about five hours in lodging of FIR---Effect---Complainant had reached the place of incident as her son was dying of stab wound---Fact remained that after the occurrence, it was quite natural for her to immediately assist in arranging transport to take him to hospital just to save his life before contemplating the registration of FIR---Such delay of few hours in reporting the matter to the police was not fatal in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss. 302 & 504---Qatl-i-amd, intentional insult with intent to provoke breach of the peace---Appreciation of evidence---Motive, proof of---Complainant had alleged that they had old enmity with the accused---Complainant had explained during the trial that the accused was pressurizing them to compromise in a murder case of another son of the complainant, whereby a relative of the accused was convicted---Said version of the complainant was corroborated by the witnesses---Circumstances established that accused had a motive to murder the deceased. (c) Penal Code (XLV of 1860)--- ----Ss. 302 & 504---Qatl-i-amd, intentional insult with intent to provoke breach of the peace---Appreciation of evidence---Ocular account corroborated by medical evidence---Accused was charged for the murder of son of the complainant---Prosecution produced two eye-witnesses of the occurrence---Evidence of said witnesses corroborated each other and all of them deposed under oath---Depositions of said witnesses remained consistent during cross-examination---Medical Officer, who carried out the post mortem had opined that the deceased was killed by a knife---Prosecution evidence was confidence inspiring and showed a consistent and logical train of events---Recovery of blood-stained knife and positive Chemical Report corroborated the medical evidence---Circumstances established that prosecution had proved the case beyond reasonable doubt---Appeal against conviction was dismissed accordingly. Zaman v. The State PLD 1985 Lah. 566; Muhammad Irshad v. The State 2002…

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