Law: Pakistan Penal Code, 1860

Section: 34,302,302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 154,161,164,340(2),342,382B,544A

Law: Qanun-e-Shahadat (10 of 1984)

Section: 37,38,39,40

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Delayed FIR---Delayed examination of witness by police---Contradiction in statements of witnesses---Dishonest improvement---Scope---Accused was charged for committing murder---Complainant reached at the place of occurrence at 2:00 pm, but the FIR was lodged at 6:00 pm and the dead body was shifted to the hospital for medical examination at 6:30 pm---Contents of fard-e-bayan were silent about the weapon used in the crime, but in his court statement complainant dishonestly improved and stated that firing was made with TT pistol---Complainant had stated that murder was committed at the behest and instigation of co-accused and for such purpose two muffle faced persons brought the accused at the place of occurrence, however, the court statement of complainant was silent in such behalf---Complainant had not witnessed the crime directly, thus, his statement was not helpful to the case of prosecution---Complainant had recieved information about the occurrence at 12:00 pm, but the sole eye-witness of the occurrence contradicted the case of prosecution and stated that the occurrence had taken place at 12:30 pm---Eye-witness had appeared before the Investigating officer on the following day of occurrence for recording his statement---Appeal was accepted, in circumstances. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art. 40---Qatl-i-amd---Recovery of weapon---Information received from accused to be proved---Scope---Accused was arrested after 5 days of the occurrence whereas accused, in the presence of police constable, confessed his guilt and recorded his disclosure on the day of his arrest and the said disclosure was followed by the recovery of TT pistol---Investigating officer in his cross-examination admitted that no crime empty was recovered from the place of occurrence, while infact according to record and more particularly from the statement of a witness it appeared that three empties were recovered from the place of occurrence, which were taken into possession through seizure memo---Prosecution ought to have sent the three…

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