Law: Pakistan Penal Code, 1860

Section: 34,302,302(b),324,337A(ii),337-F(v)

Law: Criminal Procedure Code (V of 1898)

Section: 161,204,342,382B,544A

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 324, 337-A(ii), 337-F(v) & 34---Qatl-i-amd, attempt to commit qatl-i-amd, causing shajjah-i-mudihah, causing hashimah, common intention---Appreciation of evidence---Delay of about two hours and fifteen minutes in lodging the FIR---Effect---In the present case occurrence had taken place at 6.55 a.m; according to the medical report the deceased had reached the hospital at 7.45 a.m. and the injured arrived the hospital at 7.45 a.m., and no time was mentioned about arrival of third injured to hospital---Matter was reported at 9.10 a.m.---Place of occurrence was at a distance of half kilometre form the police station and the hospital where the injured were brought also fell within the same proximity, thus, there was a delay of two hours and fifteen minutes in lodging of the first report which appeared to be for the reason that the prosecution waited for the medical report of the doctor---Delay in the registration of the report provided ample opportunity to the complainant-party to deliberate and consult in the matter. (b) Penal Code (XLV of 1860)--- ----Ss. 302, 324, 337-A(ii), 337-F(v) & 34---Qatl-i-amd, attempt to commit qatl-i-amd, causing shajjah-i-mudihah, causing hashimah, common intention---Appreciation of evidence---Benefit of doubt---Prosecution case was that the accused party attacked the complainant party with stick/danda blows, due to which three persons of complainant party sustained injuries---Later, father of complainant succumbed to the injuries---Motive for the offence was disclosed to be a dispute over irrigation of water---Complainant made addition/ improvement in his court statement that accused was having axe whereas co-accused persons were having sticks and accused inflicted axe blow to the deceased---Complainants further stated in his statement that at the time of said fight, his cousin snatched axe from the possession of accused which was provided to the Investigation Officer---Complainant, in cross-examination, admitted that his said cousin who was not produced before the court was resident of another village---Other witnesses and the injured were also related to…

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