Law: Penal Code (West Pakistan Amendment) Act, 1964

Section: 302(b),427,34

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 427 & 34---Qatl-i-amd, mischief causing damage to the amount of fifty rupees, common intention---Appreciation of evidence---Benefit of doubt---Delay of about four hours in lodging the FIR---Effect---Accused was charged for committing murder of brother of the complainant by firing---Report was lodged after four hours of the occurrence---When the deceased succumbed to the injuries on the spot then what prevented the complainant to lodge the report at Levies' station despite the fact that the distance between the Levies' station and crime scene was mentioned to be 35 kilometers---Record revealed that there was a chowki, between the place of occurrence and Levies' station, which created serious doubt in the prosecution case as to why the report was not lodged at Levies' station promptly---Delay in lodging the report could not simply be brushed aside as it assumed great significance and could be attributed to consultation and deleberation---Appeal was allowed and accused was acquitted by setting aside conviction and sentence recorded by the Trial Court, 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 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 427 & 34---Qatl-i-amd, mischief causing damage to the amount of fifty rupees, common intention---Appreciation of evidence---Benefit of doubt---Ocular and medical evidence---Contradiction---Unnatural conduct of witnesses---Prosecution case was that the accused persons smashed 36 panels of complainant party and accused made firing upon the brother of the complainant, due to which he died---Ocular account of the occurrence had been furnished by three witnesses including complainant---Record was totally silent in respect of shifting of dead body to hospital or the Levies' station as none of the eyewitnesses stated anything in that regard---Complainant stated that ten minutes after the occurrence, they left the place of…

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