Law: Penal Code (XLV of 1860)

Section: 302,324,`47,148,149

Law: Criminal Procedure Code (V of 1898)

Section: 161

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 324, 147, 148 149---Criminal Procedure Code (V of 1898), S.161---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, rioting armed with deadly weapons, unlawful assembly--- Appreciation of evidence---Delay in recording the statements of witnesses by the police---Effect---Record showed that the statements of injured witnesses were recorded with the delay of three days without offering any plausible explanation---Evidence of ocular account could not be discarded merely on the ground of delay and it was the discretion of the Investigating Officer to record statement of witnesses under S.161, Cr.P.C, but said discretion had not to be exercised arbitrarily---Complainant submitted application for registration of FIR without any delay wherein he mentioned the name of injured witnesses---Investigating Officer was duty bound to record the statements of witnesses---Intentional or otherwise any concession extended to accused being lapse on the part of Investigating Agency would not be fatal to the prosecution case---Statements of injured/ocular witnesses could not be brushed aside on the ground that the Investigating Officer recorded the same with some delay. Muhammad Safar v. The State 2006 SCMR 1773 rel. (b) Criminal trial--- ----Witness-- -Interested witness---Scope---Interested witnesses were one who had motive for falsely implicating the accused for any act of enmity. Nazir v. The State PLD 1962 SC 269; Khalil Ahmed v The State 1976 SCMR 161; Allah Ditta v. The State, 1970 SCMR 734; Muhammad Akbar v. Muhammad Khan PLD 1988 SC 274 and Shehruddin v. Allah Rakhio 1989 SCMR 1461 rel. (c) Penal Code (XLV of 1860)--- ----Ss. 302, 324, 147, 148 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Related and interested witnesses---Reliance---Scope---Admittedly, the eye-witnesses were related to the deceased---Complainant, deceased and witnesses were closely related to each other, but on that score their statements could not be discarded---Inter se relationship of prosecution witnesses who stood firm on the test of lengthy cross-examination could…

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