Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---First Information Report was lodged after the delay of two days---Effect---Record showed that the alleged occurrence took place on 17.2.2014 at about 1.00 p.m. but the matter was reported at the police station on 19.2.2014 at about 4.00 p.m. with the delay of about two days---Prosecution had failed to explain satisfactorily the delay in lodging of FIR regarding the incident---Distance between the place of occurrence and the police station was about eight kilometers---Unexplained delay in lodging of FIR, would be presumed that the same was result of deliberation, negotiation, discussion and after thought with sole drive and ulterior motive to get the accused convicted---Such delay could not be ignored in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Charge against accused was that he, along with co-accused persons, armed with Kalashnikov fired upon victim, due to which he died at the spot---Motive behind the incident was stated to be a dispute over kinship---Ocular account was furnished by three witnesses, claiming themselves to be eye-witnesses of the occurrence---Said witnesses had stated that they were present in the area of place of occurrence and were grazing their cattle, while deceased was also present at some distance---Accused persons made firing upon him, due to which, he died at the spot---Statements of all the said eye-witnesses showed that the same were full of improvements and contradictions---Said witnesses contradicted each other on material points, as such, their statements were not confidence inspiring---Statements under S.161, Cr.P.C. of the witnesses were recorded after three days of the incident----No postmortem of the dead body of the deceased was conducted nor any inquest report was made in order to ascertain the cause of death or the number of injuries sustained by the deceased---Recovery witness admitted in his cross-examination that there was no sign of bullet on the blood stained clothes of the…

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