Law: Penal Code (XLV of 1860)

Section: 300,315,302(c)

(a) Penal Code (XLV of 1860)--- ----Ss. 300, 315 & 302(c)---Qatl-i-amd and qatl-shibh-i-amd---Appreciation of evidence---Delay in lodging of FIR---Interested witnesses---Substitution, principle of---Complainant lodged FIR against her husband and brother-in-law for committing qatl-i-amd of their daughter---Defense could not succeed to prove any consultation, deliberation or premeditation on part of complainant to falsely charge accused in the case---Not possible in ordinary course or even not appealable to prudent mind that actual and real culprit was let off and instead an innocent person was charged---Accused, complainant and deceased were residing in the same house and complainant was a Purdah observing lady, therefore, she had not lodged report promptly---Mere delay in lodging of FIR was never sufficient to believe or disbelieve contents of FIR---Question of guilt or innocence was always required standard of evidence---Promptness or delay had their relevance as a circumstance which otherwise would not have prejudiced liabilities of either sides and that of court to examine such aspect by holding scale of justice tight---Weapon used for commission of offence had to be considered for purpose of an act with intention to cause harm to the body---Intention was primary consideration showing aim and objective of offender---Parties, in the present case, were closely related to each other and no evidence showing serious dispute or enmity was brought on record---No premeditation or anything to show that accused had intention to commit offense of qatl-i-amd---Case of accused person did not fall under S. 302(c), P.P.C. however same was covered under S. 315, P.P.C.---High Court modified passed by the Trial Court and convicted accused under S.316, P.P.C.---Appeal was dismissed accordingly. Muhammad Zubair v. State 2007 SCMR 437; Mushtaq Hussain and another v. State 2011 SCMR 45 and Nasir Iqbal alias Nasra and another v. The State 2016 SCMR 2152 ref. (b) Criminal trial--- ----Witness---Testimony of---Duty of court--- Preconditions--- Court was essentially required to satisfy itself whether eye-witnesses are natural and their presence on spot could reasonably be…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492