Law: Pakistan Penal Code, 1860

Section: 302,302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 161,340(2),342,410,544A

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Unseen murder---Benefit of doubt---Delayed FIR---Scope---Prosecution case was that complainant along with witnesses was sitting in the courtyard of his house---Accused, deceased's brother, came inside the house and made a straight fire shot which hit the deceased near his chin---Accused fled away from the spot while threatening the complainant and witnesses---Matter was reported to the police by complainant with an inordinate delay of more than twenty four hours---Complainant could not explain the delay in lodging crime report---Complainant admitted during the cross-examination that he along with his mother and sisters was residing separately in the house of his uncle and that his father had two marriages and he was residing all alone in his house where he had been done to death---Police constable, who escorted the dead body to the mortuary, stated in his cross-examination that foul smell of blood had filled the surrounding area from where the dead body was recovered; that people had told him about the dead body; which was on the cot and in sitting position---Draftsman reached at the place of occurrence after three days of the occurrence and he admitted in cross-examination that he also noticed the foul smell---Testimony of said witnesses suggested that no one from the prosecution witnesses was present at the scene of occurrence---Complainant stated that he did not touch the dead body or removed the blood but he had only put the dead body on the cot before the arrival of the police---Medical Officer observed few ants on the dead body of the deceased at the time of autopsy---Complainant further admitted that heirs of deceased got knowledge of his murder after two days of the occurrence---Delay of 18 to 36 hours in the post-mortem of the dead body indicated that the delay was caused to cook up a false story and to manage the eye-witnesses---Criminal appeal filed by accused was allowed, and accused was acquitted of the charge by extending benefit of doubt, in circumstances. Muhammad Rafique v. The State 2016 SCMR 1698 and Shahbaz v. The State 2016 SCMR 1763 rel. (b) Penal Code…

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