Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 164,342,382B

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Delay of more than one hour in lodging FIR---Effect---Accused was charged for the murder of brother of complainant---Record showed that occurrence took place at 11.30 a.m. while the complaint was lodged at 12.45 p.m. on the same day---Facts remained that distance between the place of occurrence and police station was three kilometres---No possibility of cooking up false story within one hour and fifteen mintues. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Accused was charged for the murder of the complainant---Ocular account of the occurrence was furnished by the witnesses including complainant---Said witnesses had stated that on the day of occurrence at 11.30 a.m. near the house of witness, accused fired from his gun upon deceased which hit him and he fell down---Witnesses were cross-examined at some length but nothing could be brought on record in favour of accused---Witness had supported to the extent that he went out on hearing the cries and had seen complainant party and injured and accused armed with gun and co-accused empty handed---Witness was informed by the complainant that accused fired upon deceased---Incident took place at the day time and the parties were known to each other, therefore there was no question of mistaken identity of the accused---Ocular account was corroborated by the evidence of Medical Officers who examined victim in injured condition and who conducted post mortem of the deceased---Record transpired that the injuries were anti mortem in nature and were caused by fire arm weapon---Duration given by the Medical Officer corroborated the ocular account---Accused was arrested on 5.4.1991 and on the very day he produced crime weapon and on 6.4.1991 he recorded his judicial confession before the Judicial Magistrate---Judicial confession made by the accused appeared to be voluntary and was recorded by Judicial Magistrate after completing all necessary formalities and no major illegality or lacuna had been pointed out by the defence---Admittedly, evidence of Judicial Magistrate could not be recorded due to his…

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