Law: Pakistan Penal Code, 1860

Section: 302,302(c)(b),311

Law: Criminal Procedure Code (V of 1898)

Section: 342,382-B

(a) Penal Code (XLV of 1860)--- ----Ss. 302 & 311---Qatl-i-amd, tazir after waiver or compounding of right to qisas in qatl-i-amd---Appreciation of evidence---FIR was lodged after the delay of more than one hour---Effect---Incident had taken place in the night on 9.12.2015 at 11.00 p.m., which was reported to the police station for the registration of the crime report promptly at 11.35 p.m. and the case was registered at 12.05 on 10.12.2015---Information was furnished by complainant being eye-witness of the occurrence within the shortest span of time---Such circumstance would exclude every hypothesis of deliberation, consultation and fabrication prior to the registration of the case---Promptness in lodging the crime report by an independent eye-witness contained the presumption of its correctness. (b) Penal Code (XLV of 1860)--- ----Ss. 302 & 311---Qatl-i-amd, tazir after waiver or compounding of right to qisas in qatl-i-amd---Appreciation of evidence---Double murder---Sentence reduction in---Prosecution case was that the accused had murdered both the deceased persons by giving it the colour of Kara Kari and caused Fasad-Fil-Arz---Ocular account was furnished by two witnesses including complainant---Complainant while appearing had reiterated the contents of the crime report---Eye-witness had made consistent statement to that of the complainant on each and every minute detail of the incident in respect of time, date, place, mode and manner of the occurrence, name of the accused, the weapon of offence used and the role assigned to him for committing the murder of both the deceased persons---Admittedly, both the witnesses were Police Officials, had no relation or concern whatsoever with either party and they, being independent witnesses, had made straightforward statement what they had seen at the time of occurrence---Nothing favourable material could be extracted from their mouth by the defence during cross-examination---Both the witnesses of ocular account had no grudge, ill-will or animosity to falsely implicate the accused in the case---Even the accused, in his statement recorded under S.342, Cr.P.C., had not questioned their being not independent or biased…

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