Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Prosecution case was that accused made straight fire with his 12-bore, gun which hit on the front side of chest of the son of complainant---Accused made second fire, which landed on the right arm of the victim---Co-accused during the alleged occurrence, continued firing---Accused and his co-accused took the victim in their house in injured condition where he succumbed to the injuries---Occurrence took place at about 8.30 p.m on 2.3.2006---Witnesses informed the father of deceased about the incident immediately---Complainant reported the matter to the police at 7.15 a.m. on 3.3.2006 through written complaint and FIR was chalked out at 7.25 a.m. on 3.3.2006---Police Station was at the distance of eighteen kilometers from the place of occurrence---Inordinate delay of ten hours and forty five minutes in reporting the incident had not been explained by the prosecution---Such delay was sufficient for deliberation and consultation---Delay in lodging the FIR often resulted in embellishment, which was creation of an afterthought---Complainant got prepared the application for registration of criminal case from his relative---Non-mentioning of said fact in the application indicated that the complainant had not stated complete truth---Post-mortem of the deceased was conducted with the delay of seventeen hours and thirty minutes from the death of deceased---Prosecution had failed to explain the delay in reporting the incident as well as in conducting postmortem examination of the dead body of the deceased, which was fatal to the case of the prosecution. Allah Bachaya and another v. The State PLD 2008 SC 349 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Ocular account was not supported by medical evidence---Prosecution case was that accused made straight fire with his gun 12-bore, which hit on the front side of chest of the son of complainant---Accused made second fire, which landed on the right arm of the victim---Co-accused continued firing during the alleged…

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