Law: Penal Code (XLV of 1860)

Section: 302,392

Law: Criminal Procedure Code (V of 1898)

Section: 417

(a) Penal Code (XLV of 1860)--- ----Ss. 302 & 392---Criminal Procedure Code (V of 1898), S. 417---Qatl-i-amd and robbery---Appreciation of evidence---Appeal against acquittal---Delayed FIR---Unseen occurrence---Scope---Accused was alleged to have murdered the brother of complainant---Inordinate delay in lodging the report against unknown accused by the complainant, who was not an eye-witness of the occurrence, could be attributed to consultations and calculatedly preparing the crime report---Person who had informed the complainant about the occurrence was not produced before the court---Chain of events was broken from the very beginning, which went to the roots of the case---Testimony of complainant was not corroborated by any independent evidence---Biometric verification of the SIM (Subscriber Identification Module), belonging to deceased and allegedly recovered from the possession of accused, was not produced---Trial court had dealt with each and every aspect of the case and the findings it rendered were based on proper appreciation of evidence, which being unexceptional could not be interfered with---Appeal against acquittal was dismissed, in circumstances. Ranji Suriya and another v. The State of Maharashtra AIR 1983 SC 810; Allahyar v. The State 1990 SCMR 1134; Mahmood Ahmad and 3 others v. The State and another 1995 SCMR 127; Imran Hussain v. Amir Arshad and 2 others 1997 SCMR 438 and Muhammad Rafique v. The State 2014 SCMR-1698 ref. Mst. Asia Bibi v. The State and others PLD 2019 SC 64; Muhammad Khan and another v. The State 1999 SCMR 1220 and Irfan Ali v. The State 2015 SCMR 840 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302 & 392---Qatl-i-amd and robbery---Recovery of weapon---Sending of empties along with weapon---Scope---Accused was alleged to have murdered the brother of complainant---Empties recovered from the spot were sent along with the weapon to the Forensic Laboratory---Report of Forensic Laboratory was in positive but the same could not be taken into consideration being not procured in accordance with law---Prosecution had to ensure safe dispatch of the crime empties and weapon to the Forensic Laboratory, which was not done---Appeal…

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