Law: Pakistan Penal Code, 1860

Section: 302,302(b),324,337A(i)(iii)(v)

Law: Police Rules, 1934

Section: R.25.2

Law: Criminal Procedure Code (V of 1898)

Section: 160To175,265C,340(2),342,382B,410

(a) Penal Code (XLV of 1860)--- ----Ss. 302 & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Delay of about more than twenty five hours in lodging the FIR---Effect---Occurrence took place at 4.00 p.m. on 29.11.2007 in the house of the accused, in which both the deceased and injured had received injuries with blunt weapon---First Information Report was lodged on 30.11.2007 at about 5.35 p.m. by the real brother of the deceased, after an unexplained delay of about 25 hours and 35 minutes of the occurrence---Possibility of consultation and deliberation for cooking up a besuiting story could not be ruled out, in circumstances. Mehmood Ahmad and 3 others v. The State and another 1995 SCMR 127 and Muhammad Rafique v. The State 2014 SCMR 1698 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302 & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Delay in conducting the post-mortem and medical examination---Effect---Occurrence took place at 4.00 p.m. on 29.11.2007 in the house of the accused, in which both the deceased and injured had received injuries with blunt weapon---Post-mortem examination was conducted after the delay of about 35 hours of the occurrence---Delay in conducting medical examination of the injured and post-mortem examination over the dead body of the deceased had exorbitantly caused serious suspicion about the correctness and veracity of the prosecution case Muhammad Rafique v. The State 2014 SCMR 1698 rel. (c) Penal Code (XLV of 1860)--- ----Ss. 302 & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Benefit of doubt---Prosecution case was that the accused while armed with iron pipe had inflicted injuries on the persons of deceased, his wife as well as on the person of khalazad of his wife---Ocular account had been furnished by three persons including injured and complainant---Admittedly, both the eye-witnesses were real brothers of the deceased---Presence of said witnesses at the relevant time at the place of occurrence was doubtful---Admittedly, said witnesses were residents of a different place, which was 04-kilometer away from the place of occurrence---Record showed…

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