Law: Penal Code (XLV of 1860)

Section: 302,324,147,149,337-A,337-D,337-F,147,14 9

Law: Criminal Procedure Code (V of 1898)

Section: 154

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 324, 147 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, unlawful assembly---Appreciation of evidence---Delay of about one hour and forty five minutes in lodging the FIR---Effect---Accused were charged for making indiscriminate firing upon sons and grandson of complainant, due to which, they were seriously injured but one son succumbed to the injuries---Allegedly, the FIR was lodged with delay of one hour and forty five minutes with consultation and premeditation---Said contention of defence had no force---First Information Report showed that distance of place of occurrence from police station was eight (08) kilometres---Complainant, though was not an ocular witness, however he reached the venue of occurrence immediately and then submitted Fard-e-Biyan---Each and every detail was not necessary to be mentioned in the FIR---Concept of FIR was to set the prosecution in motion---Such delay was not fatal to the case of prosecution. (b) Criminal Procedure Code (V of 1898)--- ----S. 154---First Information Report---Delay in lodging FIR---Scope---Delay by itself in registering the FIR was immaterial---Delay would only be material when there is doubt regarding identity of accused. Muhammad Nadeem alias Deemi v. The State 2011 SCMR 872 rel. (c) Criminal trial--- ----Witness---Statement of witness not named in the FIR---Scope---If the eye-witness was not named in the FIR, his statement could not be discarded on such score alone. Muhammad Mushtaq v. The State PLD 2001 SC 107 rel. (d) Penal Code (XLV of 1860)--- ----Ss. 302, 324, 147 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, unlawful assembly---Appreciation of evidence---Ocular account was in line with the medical evidence---Accused were charged for making indiscriminate firing upon sons and grandson of complainant, due to which, they were seriously injured but his one son succumbed to injuries---Motive was alleged that accused used to restrain the injured persons and deceased from passing the road and existence of previous enmity---Ocular account of the incident had been furnished by witnesses including injured persons---Prosecution had not disputed the…

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